By JIM BUTLER

Trial of a man accused of striking and killing an Alexandria bicyclist is now docketed for February 5, almost three years after the Horseshoe Drive accident.

Authorities assert David Westmoreland was legally drunk when his truck struck Donnie Cayer’s bicycle from behind on May 1, 2021, hurtling Cayer, 48, into the grass not far from where he and a son regularly fed ducks and geese in Bayou Robert. The son was riding along side, off road, at the time.

Westmoreland, 60 when arrested, is also charged with vehicular homicide, hit and run and violation of limitations on passing bicycles.

The case has drawn extraordinary attention because Westmoreland is a retired state trooper who at the time was a parish probation officer, an employee of district court.

That last circumstance is perhaps the greatest contributor to what some think is a snail’s pace toward resolution.

The seven 9th District judges immediately recused themselves in the matter. The state Supreme Court then appointed retired Third Circuit Judge Jimmie Peters to preside.

Meanwhile a pandemic was causing interruptions in the legal system just as it was in every other aspect of life.

The DA’s Office finally got the case file in December 2021 and an indictment was returned in May 2022.

Pre-trial conference in April 2023 was scotched when Peters was unable to be present.

And a June 2023 trial date was continued on the agreement of both sides in order to allow further preparation.

Meanwhile a civil action filed in May 2021 by Cayer’s estranged wife on behalf of her two sons is on hold because deposition of Westmoreland cannot be taken while the criminal case continues.

As with the criminal case, the judges also recused from the civil action. Retired Judge Don C. Burns of Columbia has been appointed to hear the matter.

Whether the election of a new judge in March-April to succeed John Davidson, who retired in September, will have a bearing on the proceedings is anybody’s guess.

According to the record, Westmoreland returned to the scene a short while after the collision. Witnesses weren’t sure of the time lapse.

His blood alcohol was measured at .137.

Westmoreland’s attorney called the officer at the scene and questioning of him stopped at that point.

Both Westmoreland and Cayer were eastbound (toward Masonic Drive) at the time.

Kelvin Sanders is prosecuting the case. Mike Small is defending.