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An Urbandale man has been sentenced to 12 years after pleading guilty to vehicular manslaughter.

Brian Kirkman, 42, hit 57-year-old James Deal with his car at the 9600 block of Raccoon River Drive in West Des Moines while driving while intoxicated, according to court documents. Deal, who was on his bicycle at the time of the crash, later died of his injuries in hospital.

According to an indictment, Kirkman had a blood alcohol level of 0.363 at the time of his arrest — more than four times the legal limit of 0.08.

Kirkman pleaded guilty in February to one count of vehicular homicide, a class C misdemeanor, and one count of operating under the influence, a serious misdemeanor. Kirkman has a previous OWI conviction from a 2010 incident, according to court documents.

A judge on Friday sentenced him to 10 years on the vehicular homicide charge and two years on the OWI charge, a total of 12 years in prison. According to court documents, he is eligible for parole before serving his sentence of earned time and work credits.

He will also have to pay $150,000 in restitution to Deal’s family and face a substance abuse offense. The OWI levy requires Kirkman to pay an additional $1,875 fine and have his license revoked.

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BIKEIOWA NOTE: Original Posts


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