SAN ANTONIO -

During a sentencing hearing following his June conviction on intoxication murder charges, Donald Huff, 54, submitted a sworn affidavit to 226th District Court Judge Sid Harle.

Huff claims that Arlene Harding-Watt, 46, was driving his motorcycle when it crashed into a curb in August of 2009.

Harding-Watt was killed in the crash.

“She hit the brakes and I flew off the back of the motorcycle,” the affidavit said in part.

During testimony during his trial, investigators identified Huff as the driver of the motorcycle.

Charges against him were upgraded from intoxication manslaughter to intoxication murder since he had three drunken driving arrests on his record.

Harle ruled that the affidavit was not relevant at this stage of proceedings against Huff since the jury had already found him guilty and the hearing was to determine sentencing base on that conviction.

“Based on the facts of this case and analogous cases and other matters I’ve heard on this bench, I’m going to assess you 45 years in the Texas Department of Corrections,” Harle told Huff.

He must serve half of his sentence before he is eligible for parole.

Huff’s lawyers say plan to appeal his conviction.

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