TULSA, Okla. — Elliott Binney, the man accused of leaving a car crash that killed his daughter, appeared in court on Sept. 18.
He's charged with manslaughter, leaving the scene of a fatality crash, two counts of neglect, reckless driving, transporting an open container of liquor and driving left of center.
At his hearing, 2 News learned he'll stand trial in this case.
Before the preliminary hearing, we tried to ask Binney some questions:
The state called several witnesses, including two people who helped get the Binney children out of the car after the wreck.
They both said they saw Binney driving erratically and try to pass cars on that dark and rainy night.
At one point, they testified the Tahoe he was driving went airborne and crashed.
Both witnesses ran to help get the two smaller children out of the car. They said Elliott Binney didn't say anything and ran off, leaving his wife and children at the crash site.
The state also called his wife, Brittany Binney, to the stand. She told the court the family had dropped their daughter Shelby off at cheer practice. While they were waiting, they got dinner and stuff to make mixed drinks.
She said she made one in the car and Elliott took a sip.
After picking up their daughter, the family was heading home and she said Elliott was trying to pass people and she told him not to and then she blacked out.
Bixby Detective Rene Torres testified and said when he got to the scene, he saw a half empty bottle of vodka on the ground and cannabis and a smoking device in the car.
Officers pinged Elliott's phone and later found Binney in Checotah.
Police were able to get a warrant for the black box in Binney's car and it showed he was driving over 100 miles per hour before the crash.
His arraignment is scheduled for 9 a.m. on Sept. 30.
BACKGROUND:
The wreck happened on Jan. 11 in Bixby near 88th Street and 171st Street. Bixby police said the car Binney was driving left the roadway, rolled over and ejected Binney's 16-year-old daughter Shelby, killing her.
Three other family members were involved in the crash and were treated for their injuries.
BPD told 2 News that Binney left the scene of the crash. In the arrest affidavit, Binney told police he took a "gulp" of vodka while driving his family and was passing cars in a no-passing zone.
WATCH the video of his arrest:
Binney suffered minor injuries in the crash. He was treated and released to police custody. He bonded out of jail on a $102,100 bond.
The Tulsa County DA charged Elliott Binney with seven counts:
- First-degree manslaughter
- Leaving the scene of a fatality crash
- Two counts of child neglect
- Reckless driving
- Transporting an open container of liquor
- Driving left of center
On March 28, Binney pleaded not guilty at his arraignment. He was scheduled for a preliminary hearing on May 15.
Another preliminary hearing was scheduled for July 24, but it was passed on to Sept. 18.
This was not the first time Binney was arrested for leaving the scene of a crash.
After the crash, 2 News investigated Binney's driving history and past violations in depth.
Friends talked to 2 News about missing Shelby and are waiting to see what happens next with the allegations against her father.
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