TULSA, Okla. — The Bixby man accused of leaving a car crash that killed his daughter in 2024 is scheduled for a jury trial in February 2026.
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.
The court scheduled the trial after overruling Elliott Binney's lawyer's motion to quash evidence in February.
2 News was in the courtroom in September 2024 during Binney's preliminary hearing.
Here's what we learned then:
Local News
Man accused of leaving Bixby crash that killed his daughter to stand trial
After that September hearing, Binney's lawyer, Allen Smallwood, filed a motion to throw out the felony charges against him based on a lack of evidence.
Smallwood argued the state didn't have enough proof to support felony charges of manslaughter, leaving the scene of a fatality wreck, and two charges of child neglect.
He argued the only evidence the state had to establish first-degree manslaughter was excessive speeding under unsafe conditions. Smallwood also argued that there was no evidence of impairment but that Binney merely failed to "exercise appropriate judgment under the conditions."
He went on to argue that Binney only left the scene after help arrived.
"The evidence established that at the time the [Binney] remained on the scene in an effort to locate his third child, the victim in this manslaughter case, Shelby Binney, there were lay witnesses and at least the sounds, if not the appearance, of emergency vehicles, both medical and law enforcement, on the scene which the defendant could have, and almost certainly did, know had arrived to take care of the survivors," court documents read.
Basically, Binney's lawyer argued the state didn't have enough evidence to prove malicious intent behind his actions during and after the wreck.
In February, a Tulsa court heard these arguments to quash from Smallwood and found the state did meet the burden of proof to continue with a trial.
On March 17, Binney again pleaded not guilty and his jury trial date was set for Feb. 2, 2026.
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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