The case against a man accused of killing a Floyd county bicyclist is dismissed.
Colby William Elliott, 45 of Clarksville, had been charged with homicide by vehicle-reckless driving in the August 2, 2020, death of Ellen Bengston. Eliott pleaded not guilty and his trial began Tuesday.
Law enforcement said Eliott was driving south on Floyd County Road T-64 when he was distracted opening up an app on his cell phone to read a message. Court documents state Bengston, 24, was riding her bike on the right side of the white fog line when authorities say she was hit by Elliott’s pickup and knocked into the west ditch. She later died as a result of her injuries.
Elliott’s defense attorney asked for a judgment of acquittal, arguing the evidence against Elliott could not support a conviction even when viewed in the light most favorable to the prosecution. The judge agreed and granted the motion, dismissing the case and ordering the state to pay court costs.
Judge rules driver not guilty before Bengtson death trial goes to jury
(many more details on the cell phone usage...)