Salt Lake Tribune
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Man charged in fatal crash waives hearing
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A man with multiple DUI offenses who allegedly struck another vehicle while driving drunk again - resulting in the death of a 33-year-old father at a Riverdale intersection in July - waived his right to a preliminary hearing in 2nd District Court this week.

Judge Michael Lyon set an arraignment date of Oct. 9 for 28-year-old Andrew Phillip Ben, who has pleaded not guilty to six charges against him in connection with the death of Joseph Kirk.

Ben was charged July 28 in 2nd District Court with failure to respond to an officer's signal to stop resulting in death, a second-degree felony. Prosecutors later amended that charge to second-degree automobile homicide after test results confirmed Ben's blood-alcohol level was over the legal limit at the time of the accident.

The automobile homicide charge is punishable by up to 15 years in prison.

In addition to automobile homicide, Ben is charged with third-degree felony driving under the influence of alcohol and misdemeanor counts of leaving the scene of an accident involving a death, avoiding apprehension by police and driving without insurance.

Riverdale police said Ben ran a red light and slammed into a 1987 Honda Accord driven by Kirk at the intersection of 36th Street and Riverdale Road around 1 a.m. on July 25. Kirk, a father of two from Roy who worked for Delta Air Lines, was ejected from his vehicle and died at the scene. The incident marked Ben's fifth DUI, according to charging documents.

Ben is being held in the Weber County jail in lieu of $220,000 bail.

- Melinda Rogers

Alleged driver had been charged with DUI multiple times before
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