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WHAS11 News pulled the record of 25-year-old Kenneth Wayne Yates, the man accused of killing 47-year-old cyclist John Carr. We found this is the second time in less than two months that Yates has been caught drinking and driving. This time, however, police say his decision has killed someone else. As police arrested Kenneth Wayne Yates, putting him into a police car, bicyclists competing in a triathlon passed a tragic scene. A mangled bicycle, and a red car – the windshield was shattered, and the roof was crumpled. Police say Yates drove a car into 47-year-old John Carr, throwing Carr off of his bike, while he competed in the second leg of this triathlon. "Witnesses say the red vehicle going high rate of speed, rear ended him, killing him there on the scene,” said LMPD Spokesperson Alicia Smiley. But police say Yates kept driving, and dragged Carr's bike for half a mile to Collins Lane. That's when an off-duty police officer spotted the car and bike, and pulled Yates over. Police say Yates handed over his ID, then put up a fight -- trying to take the officer's gun before running away. "He went to his home, and was returned to the scene by his mother. Since then he's been charged with murder assault on police officer, DUI, and there could very well be additional charges pending,” said Smiley.

Yates is charged with murder, DUI, assaulting an officer, resisting arrest, fleeing police, disarming an officer, driving with an expired license and leaving the scene of an accident. Yates was behind the wheel despite a drunk driving arrest just six weeks ago. On June 21st, Yates was charged with DUI and reckless driving. He was released on his own recognizance.

"We don't hold drivers accountable for the machines they're driving. Instances like today's, prove the point,” said Jackie Green, Co-owner of Bike Courier’s Bike Shop. Avid cyclist Jackie Green - who hasn't owned car for the past decade - says accidents like this happen far too often and something has to give. "We need to change the legal system and hold drivers responsible for their actions. They’re driving weapons,” said Green. Until then, he says expect to see scenes like this, and victims like John Carr.