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Deputy: DWI Defendant Claimed He Wasn't Driving

Birkholz On Trial On Intoxication Manslaughter Charges

POSTED: Monday, January 30, 2006
UPDATED: 1:55 pm CST January 30, 2006

A 34-year-old man standing trial for a fatal alcohol-related crash that killed his wife, brother and best friend denied he was driving, a Bexar County sheriff's deputy testified Monday.

Deputy Dennis Olstein told jurors at the intoxication manslaughter trial of Scott Birkholz about his initial encounter with the defendant at the scene of the fatal crash near Helotes in January 2003.

Olstein testified that Birkholz told him his name, but he couldn't identify the people in his BMW.

"He told me he didn't know," Olstein said. "That he wasn't driving."

Olstein also said that he also noticed a "strong odor of an alcohol beverage" on the defendant's breath.

Birkholz was saved by bystanders from his burning overturned vehicle.

Defense attorneys said they will try to prove that the victims were tossed from the car.

The prosecution, though, claims the victims had their seatbelts buckled.

Testimony was scheduled to continue Monday afternoon.

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