Brian Bias, who killed motorcyclist Brian McElmurry in 2016 on the Fort Gibson Dam while driving drunk, was arrested again for DUI in December with a blood alcohol content of .15 or higher and had that charge upgraded to aggravated DUI.
He was charged with DUI in Cherokee County in connection to the 2016 death, but that charge has since been expunged from the Cherokee County records.
He had at least one other DUI charge in Wagoner County.
Yesterday, his attorney filed to have his latest DUI case dropped because it is filed in Muskogee County District Court and Bias is Native American.
Yesterday’s filing says the state court has no jurisdiction to try him. He is scheduled for a hearing on the motion in August.
