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A North Webster man indicted by a Kosciusko County grand jury was arrested Thursday afternoon and charged with two felonies.
Edward Lynn Chivington, 45, of 7463 E. CR 600N, North Webster, was booked into Kosciusko County Jail and charged with driving while intoxicated causing death and operating a vehicle with a blood alcohol level greater than .1 percent causing death, both Class C felonies.
Chivington was indicted in the death of Virgil L. Helman, 67, Cromwell. Helman was killed Oct. 22 in a two-pickup collision on Ind. 13 near Syracuse.
Initial police reports quoted Chivington's son, a witness of the accident, as saying Helman turned left in front of Edward Chivington and was hit broadside.
Investigation and other witnesses led police to discover that Helman's pickup was in park when he was hit, while Chivington's speedometer was stuck at 90 mph.
Helman was apparently driving south to deliver newspapers to the apartments on Ind. 13. Police reports state that Helman typically stopped at the apartments and he then walked the papers to the apartment doors.
Investigation revealed there were no skid marks, indicating Chivington did not brake before he struck Helman. Chivington struck Helman's pickup, then both pickups rolled over at least once.
According to statements given to Kosciusko County Sheriff's Department, Chivington and his son left R. C.'s Pier in Syracuse when the bar closed at 2:30 a.m. that morning. The bartender who served Chivington, Gary L. Howard, was also indicted by the grand jury. He will be charged with serving alcohol to a person known to be intoxicated, a Class B misdemeanor.
Blood tests after the accident revealed Chivington's alcohol level to be .188 percent, almost twice the legal limit.
