Posted: Feb 25, 2014 4:43 PM by Jason Newton
Updated: Feb 25, 2014 6:51 PM
LIVINGSTON - The trial of Brad Welch, who's accused of running over and killing his six-year old neighbor back in 2012, faced another delay today.
The mother and father of Tyler Myers walked out of the Livingston Parish courthouse Tuesday with no comment. Even the judge apologized for the holdup in having to delay the trial once again.
"Sorry we couldn't finish today," said Judge Robert Morrison. "We'll get it reset as soon as we can."
Welch is facing negligent homicide charges for the September 2012 case. He's charged with killing the six-year-old child after running him over while pulling into his driveway north of Denham Springs.
"The reason we're here today is not because we believe he was on his cell," said Greg Murphy, who is prosecuting the case. "It's because we believe he was impaired at the time above the legal limit."
Welch was on his cell phone at the time and admitted that he had one glass of wine that day. The state thinks he's lying, and brought out a toxicology witness Tuesday to make their case.
"It's our opinion he had more than one drink," Murphy said. "And we think our expert confirmed that, with accepted scientific evidence. He told the court and that's why we believe he had more than one drink."
Welch's lawyer said that he disagrees with the testimony given from the toxicology expert.
"It's predicated on presumptions and generalities within what the industry accepts as general guidelines," said Michael Thiel, Welch's attorney.
The defense plans to call its own expert witness to testify that Welch was under high stress, which may have affected his blood alcohol reading.
"It affects absorption and elimination rate," Thiel said. "And I expect my expert to testify to that."
No new date has been given for when trial will resume.