A former Lawrence police officer has pleaded not guilty to a DUI charge filed against him after an off-duty wreck in which a fellow motorcycle driver was killed.

Robert Heafey, 51, was charged Sept. 8 with DUI, a misdemeanor. Effective the same day, Heafey, an 11-year-veteran of the Lawrence Police Department, resigned from the force.

Heafey was summoned to appear in court Wednesday, where he — through attorney N. Trey Pettlon III — entered his not guilty plea, and his next court hearing was scheduled for December 5.

Heafey won’t be charged with any other crimes in connection with the wreck, Douglas County District Attorney Charles Branson said, responding to questions from the Journal-World via email. He said his office has completed its review of the case.

Speaking generally, Branson said that while all cases are different, his office reviews “all available evidence” and files the appropriate charge or charges. Regarding the charging decision in Heafey’s case, Branson said, “In every case we file with the Court, the evidence must support the charge or charges.”

Robert T. Heafey

Heafey is accused of operating or attempting to operate a vehicle with a blood or breath alcohol concentration of .08 or more, as measured within three hours of driving, according to the DUI charge. An alternative count of DUI filed against Heafey in the same document is slightly less specific, accusing him of operating a vehicle while under the influence of alcohol to a degree that rendered him incapable of safely driving.

The charge stems from a wreck that happened just after midnight July 16 in the 1600 block of North 1550 Road, just east of the Lawrence city limits.

The other involved motorcycle driver, who died in the incident, was Jesse del Campo Jr., 56, a Lawrence resident and operator of the North Lawrence biker bar Slow Ride Roadhouse.

A test performed on Heafey after the wreck showed he had a blood alcohol content of .198, according to the Douglas County Sheriff’s Office’s amended accident report.

Del Campo also had been drinking, according to the sheriff’s office amended accident report. According to the report, testing showed del Campo’s blood alcohol content was .153, just under twice the legal limit to drive.

According to the sheriff’s office report, Heafey told the responding deputy that he and del Campo were riding their motorcycles west on North 1550 Road when a deer ran out in front of him. Heafey said he swerved to miss the deer and laid his bike down, causing del Campo to run over him while he was sliding on the ground.

Heafey was taken to a Topeka hospital after the wreck and later released. Del Campo was flown to the University of Kansas hospital in Kansas City, Kan., but did not survive.

To avoid a potential conflict of interest because of Heafey’s employment, the Kansas Highway Patrol handled his blood test and the DUI portion of the investigation instead of the sheriff’s office, representatives from both agencies have said.

A highway patrol trooper who prepared the affidavit in support of Heafey’s DUI charge wrote that Heafey also told him a deer ran in front of his motorcycle, causing him to lose control, and that Del Campo ran over him and then lost control as well, according to the affidavit, requested and obtained by the Journal-World.

According to the affidavit, the trooper at the accident scene could smell “a strong odor of alcohol” on Heafey and observed that his eyes were bloodshot. Due to significant injuries to Heafey’s leg, the trooper could not conduct field sobriety tests and, instead, accompanied Heafey to the hospital where his blood was drawn more than an hour after the accident, according to the affidavit.

Allegations in the arrest affidavit have not been tried in court. Heafey’s attorney said late Wednesday that he couldn’t comment on the case.