Blood on the scene, milk spilled near Dirty Dave's body, a lanyard and eye glass lens found near his body

Preliminary hearing for Gary Cudney was scheduled for this morning. Cudney is charged with the death of Dwight Davis aka Dirty Dave.

Cudney was held to answer on all counts and special allegations.  The court denied the defense motion to reduce the felony charges to misdemeanors. Arraignment on information is February 14 at 8:30.

EPD officers  Heinrich Soltow and Stephen Linfoot testified for the People this morning.

Officer Soltow said, " Mr. Cudney told me he was leaving CVS and he turned onto Harris Street. He had just merged into the number two lane when a pedestrian walked out in front of him. He was unable to stop. He hit the pedestrian."

Officer Linfoot testified that there was blood on the scene, "white fluid nearby where the victim had fallen." That was later identified as milk. "There were groceries in the victim's backpack." A lanyard and eyeglass lens was found on the scene. Davis was walking with two canes.

Both officers testified about collision damage on the front of Cudney's Dodge Durango. The damage was on the passenger side. The windshield had been shattered.

The officers' testimony included what they saw when they arrived on scene, what tests were performed on Cudney, autopsy results and Cudney's blood alcohol level.

Deputy District Attorney Joel Buckingham is prosecuting the case. Mr. Manny Daskal is representing Cudney, who is out of custody.

One person accompanied Cudney to court. Five other people were in court to support Cudney this morning; two more after lunch.

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