A defense attorney for a driver accused ofkilling a well-known Des Moines cyclist is hoping to keepjurors from hearing a remorsefulinterview his client gavefrom jail toatelevision journalist.

Jonathan Leyva, 32, is facing a May trial ona homicide by vehicle charge for thecrash thatkilled Gregary Wade Franck, a manager at Kyle's Bike Shop in Ankeny. Franck was riding on Grand Avenue as part of the organizedUrban Assault Rideon Aug. 16 when police say he was struck by Leyva, who wasdriving drunk and drove away.

Defense attorneyDaniel Northfieldfiled a motion on Friday asking to keep the jury from hearing any statements Leyva made in police custodywithout an attorney present, including "any alleged media interview of him."

The motion did not mention a specific news account, but ABC Local 5 News published a videotwo days after the crashfeaturing a reporter's telephone interview with Leyva,who'd been booked into the Polk County Jail.

Leyva admittedthat he'd been drinking beer and liquor with a friendsince around 5 a.m. on the morning of the crash, according to the news report."I'm not a bad person, I just made the wrong choice to drink and drive," he said in the interview.

"I didn't know what I hit or what happened, I just kept driving," he said in the interview. "But if I would've known I hit somebody, I would have stopped and helped them out … This is probably the worst thing I've ever done in my life."


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