Man on motorcycle, Nathan Davenport, died weeks later
An Evansville man faces a murder charge related to a vehicle crash in Henderson County that killed one person.
A Henderson County grand jury indicted Alvaro Agular, 36, in early October, in the death of Nathan Davenport, 48, Evansville.
According to the Henderson County Sheriff’s Office, the accident occurred around 11:30 p.m., July 28, on the southbound U.S. 41 Twin Bridge. Agular was driving a 2008 Ford Focus, and Davenport was operating a motorcycle, authorities said.
“Agular struck the motorcycle, which was in the right lane,” according to HCSO Sgt. Terry Harmon. “He hit him fast enough and with enough force to dislodge him from the motorcycle and throw him backward” into the car.
Harmon said Agular then left the scene. Several witnesses called 911 about the accident, and one followed Agular to Circle K on U.S. 41—roughly a mile from the crash site—to notify authorities of his whereabouts.
According to an arrest citation filed at the Henderson Judicial Center, when sheriff’s deputies asked Agular to get out of his vehicle, “he was glassy eyed and unsteady on his feet … there was an empty beer bottle in the vehicle.”
Agular failed multiple field-sobriety tests, according to the arrest citation. (His blood-alcohol level was not available at the time of publication due to toxicology results not yet coming back from the lab.)
Harmon said while interviewing Agular about the collision, the man didn’t realize he’d hit a motorcyclist.
“Agular admitted to drinking excessively, and said he thought he’d had a blowout crossing the bridge … those were his words. And he pulled over at Circle K to check it out. He said he didn’t realize he’d hit a motorcycle.”
Authorities said that as Agular was on his way to Circle K, the victim was still alive at the crash site.
Davenport was transported to the hospital, and survived almost a month before succumbing to his injuries on Aug. 21.
“He survived multiple days. The family had to take him off life support … there was significant pain and suffering,” Harmon said. “The Vanderburgh County Medical Examiner ruled Davenport’s death a homicide.”
Initially, Agular was charged with first-degree assault. However, upon Davenport’s death, the offense was upgraded to murder.
“In Kentucky, a section of the murder statute says if you are under the influence of drugs or alcohol and kill someone, that’s an automatic murder,” Harmon said.
“Also in Kentucky, a person has to die within 30 days of a vehicle collision for a murder charge to be considered. If a person lives more than 30 days, it’s manslaughter.”
“We postponed submitting it to the grand jury until we could get everything in order,” Harmon said. “The medical records alone, exceeded 12,000 pages. There was a significant number of medical records and we had to sift through that … all of it comes together.”
In addition to murder, Agular has been charged with leaving the scene of an accident with death or serious physical injury, driving under the influence and no operator’s license.
He was arraigned in Henderson Circuit Court on Oct. 8. Information on his next court date was unavailable.
