Posted: Sep 27, 2013 10:36 AM by Melissa Anderson - MTN News
Updated: Sep 27, 2013 10:36 AM
HELENA - Benjamin John Homan, a 29-year old Helena man, was killed on Wednesday night after he was hit by a car driven by Joel Brett Powers, who was allegedly drunk at the time.
Homan was pronounced dead shortly after he was taken to the hospital.
The accident was called in around 10:40 p.m. after Homan, who was riding a bicycle on North Montana Avenue, was hit from behind by the car near Resurrection Cemetery.
Lewis & Clark County Coroner Mickey Nelson said, "He died from traumatic internal head injuries that at this point appear to be the main cause of his death. The vehicle originally stopped after the impact and then fled the scene."
Lewis & Clark County Sheriff Leo Dutton said, "A silver 1990 Eagle Summit, and it was located at the suspect's home."
According to authorities, Powers reportedly drove another three blocks to his home and then walked back to the scene of the accident and eventually turning himself in."
"The individual who hit the bicyclist did come back to the scene and was later arrested," said Sheriff Dutton.
Powers, 49 years old, appeared in Justice Court by way of video on Thursday afternoon as his family members listened to his charges.
Powers is charged with vehicular homicide while under the influence, a felony, which holds a sentence up to 30 years and up to a $50,000 fine.
He is also charged with failure to remain at the scene of an accident involving a death, which holds a maximum sentence of 10 years; and misdemeanor aggravated driving under the influence.
A breathalyzer test showed that Powers blood alcohol content was 0.25, more than three times the legal limit for driving.
Despite a rainstorm, Homan was reportedly riding in fully visible and reflective clothing including a helmet.
Powers bond was set at $50,000.