The Albuquerque man claiming mental health issues after he allegedly mowed down a bicyclist will stay out of jail despite recently testing positive for meth, which the authorities believe he was on when he struck the cyclist.

After Allen Hackett was arrested, he told police he suffers from PTSD, ADHD and depression. However, a blood test by officers shows he was doing meth as recently as this week. 

Hackett allegedly hit and killed Joe Fricke, a Navy veteran and long-time Golden Pride employee who was riding his bicycle down part of Central Avenue near Juan Tabo last July. Horrific surveillance video captured the hit and run.

Hackett’s attorneys want his charges dropped, saying is mental health led to the crash, but the state doesn’t buy it. They are asking for his mental health records to be turned over. Prosecutors say the meth he was on to blame.

Friday in court, KRQE News 13 learned Hackett again tested positive for meth on February 5.

“We would admit the violation, we would ask for a higher level of supervision at this time. I don’t believe that there has been any other positive UA (urine analysis),” said Hackett’s attorney.

Judge Alisa Hart decided she would not take him back into custody. Instead, they changed his probation conditions to include that he is not allowed to drive.

Hackett hasn’t been in jail since a judge decided he would not be locked up until trial. Later this month, Judge Hart will hear a slew of motions related to this case including the validity of the mental health claim.

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