photo by: Mackenzie Clark

Eric L. Spaeth, of Lawrence, left, stands with his defense attorney, Joshua Luttrell, on Wednesday, March 11, 2020, in Douglas County District Court. Spaeth waived his right to a preliminary hearing.

A Lawrence man waived his preliminary hearing, and his attorney is trying to negotiate a plea with prosecutors for a wreck that killed a 24-year-old mother of two.

Eric Lee Spaeth, 43, has been charged in Douglas County District Court with second-degree murder in connection with the death of Elizabeth Allen, of Lawrence. Prosecutors allege that Spaeth was driving under the influence when he struck Allen on her moped on Aug. 20, 2019.

Spaeth faces an alternative charge of involuntary manslaughter. He is also charged with misdemeanors: driving under the influence, second offense, and driving while suspended, according to the complaint filed in his case.

According to the police affidavit supporting Spaeth’s arrest, Spaeth was headed southbound on Haskell Avenue in a Toyota Tundra around 10:20 p.m. on Aug. 20. Officers determined that the initial crash occurred around the intersection with East 27th Street, according to the affidavit.

Allen and her moped were dragged underneath the truck, the Journal-World previously reported from the crash report in the case. Allen came to rest about 445 feet down the road from the point of impact, an officer determined by producing a 3D scan of the area, the affidavit says. Allen was pronounced dead at 10:56 p.m.

Spaeth reportedly told an officer at the scene, “I was actually speeding. I hit her,” according to the affidavit. He also allegedly said that “they crossed out in front of me.” When asked to consent to a breath test, Spaeth allegedly told an officer, “No, thank you.”

Just before midnight, an officer obtained a warrant for Spaeth to have blood drawn at Lawrence Memorial Hospital; the test results later showed that his blood contained .205% alcohol, according to the affidavit, more than twice the legal limit.

The investigation determined that Allen did not pull onto Haskell Avenue in front of Spaeth’s truck as he had said, according to the affidavit.

Spaeth appeared in court Wednesday with his attorney, Joshua Luttrell. Spaeth waived his right to a preliminary hearing and entered pleas of not guilty to all three charges, but the case was not set for trial. Luttrell said he and his client were working on a plea agreement.

Spaeth’s next hearing is set for April 9.

Spaeth was arrested Dec. 13, and he was released on $75,000 surety bond on Dec. 16. Court documents indicate that he has been on 24-hour house arrest with GPS monitoring, and he is not to consume alcohol.