Deputy who killed cyclists had prior DUI

March 12, 2008 5:53:31 AM PDT
Court records reportedly show the sheriff's deputy who struck and killed two bicyclists in Cupertino was charged with drunk driving seven years ago in Los Angeles.

Sunday's accident on Stevens Canyon Road killed two competitive cyclists and injured a third. The Chronicle says Santa Clara County Deputy James Council reached a plea bargain on charges, back in 2001.

The drunk driving charge was dismissed in exchange for a guilty plea for engaging in speed exhibition, a misdemeanor.

The Mercury News says the Santa Clara County Sheriff broke down and cried in an interview over the accident, saying he is "more than sorry" for the crash. The deputy is on paid administrative leave while the Highway Patrol investigates the crash.

Witnesses say the deputy claimed to have fallen asleep at the wheel. Meanwhile, the surviving cyclist has been released from the hospital after spending two days being treated for broken bones.