MIAMI, Okla. – A Fairland man accused of being intoxicated when he was involved in an automobile incident that killed his friend appeared in court on Monday.

Clay McCormick, 20, of Fairland, is charged in Ottawa County District Court with driving under the influence and negligent homicide, both are misdemeanors. McCormick posted a $1,000 bond for the driving under the influence charge and was released on his own recognizance on the negligent homicide charge, according to court records.

According to an arrest affidavit, Chase Langston, 19, of Parsons, Kan., died on April 6 from injuries he sustained in the April 3 accident.

Langston’s family appeared in court on Monday publicly supporting McCormick.

“The Langston family supports Clay and have publicly said on social media and to me they do not wish to have any criminal charges filed against Clay,” said Winston Connor, II, McCormick’s attorney.

The two men were close friends, he said.

“This was a tragic accident,” Connor said. “Clay even served as a pallbearer at Chase’s funeral.”

Connor filed a motion to dismiss the case from Ottawa County District Court citing jurisdictional issues because McCormick is a member of the Wyandotte Nation tribe.

“It’s up to Wyandotte Nation to decide if criminal charges are to be filed,” Connor said.  

A hearing on the motion is set for June 29 in Ottawa County District Court.

The Incident

District Attorney Doug Pewitt said the incident remains under investigation.

McCormick told investigators at the scene he participated in a “drinking game” with friends during the evening and had consumed “five or six beers,” the affidavit states.

Pewitt said he is waiting for the results of McCormick’s blood alcohol test.

The incident happened around 8 p.m. on April 3rd, the affidavit states.

McCormick and several friends had left the residence on B Street NE in Miami to attend and check on some sick horses at Northeastern A&M College. While driving down the roadway, Langston jumped on top of McCormick’s truck’s hood prompting McCormick to slam his brakes knocking Langston onto the roadway, the affidavit states.

McCormick told investigators he was driving between 10 to 25 mph when the incident happened, but witnesses that were in McCormick’s truck said he was driving between 35 to 40 mph, the affidavit states.

McCormick later told investigators Langston was running down the roadway in front of his truck and turned and jumped on the truck’s hood, the affidavit states.