GALLUP, N.M. (KRQE) - A man who has three DWI arrests and is accused of killinganother man while driving drunk is on house arrest, after theMcKinley County District Attorney's Office let him out of jail.
Daryl Begay is accused of crashing into Scott Costley, 21, inGallup in September.
Officers said his blood alcohol was twice the legal limit, butall three magistrate judges in McKinley County recused themselvesfor unknown reasons.
Begay has still not had his preliminary hearing. So, theMcKinley County District Attorney's Office decided to let Begay outof jail.
"He's not out there running around in McKinley County. He's isconfined to the four walls of his home," McKinley County ChiefDeputy District Attorney Jim Bierly said in a phone interview.
Begay will be placed on two ankle monitors—one is a GPStracker and the other monitors his alcohol level.
One slip up and he will be sent back to jail.
Scott Costley's family said they're upset that Begay will beable to spend the holidays with his family when they can't spendthem with Scott.
Begay's charges, including aggravated DWI and vehicularhomicide, have already been refiled in district court.
If he doesn't accept a plea deal, Begay is expected to go totrial in late spring or early summer.
In a previous DWI arrest, Begay was one of more than 50 casesthat were allowed to be illegally pleaded down to a careless orreckless driving. The McKinley County district attorney and thejudges allowed it.
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