The man accused of driving drunk and fatally running over a cyclist in Des Moines last year will not testify in his own defense.

Jonathan Leyva Rodriguez, the 32-year-old Des Moines resident on trial for vehicular homicide, told District Court Judge Paul Scott on Thursday that he understood his right to defend himself in court.

"You know the decision to testify or not to testify is yours and yours alone—are you aware of that?" Scott asked Leyva Rodriguez, who confirmed that he understood.

Earlier on Thursday, prosecutors showed the jury photos of a smashed white Chevrolet Equinox they say Leyva Rodriguez was driving when he hit Gregary Wade Franck, 41, on Aug. 16.

DAY 1: Fatal bike crash: 'It was the most terrible sound'

Police and criminal investigators explained how they processed the scene of the crash and tested Leyva for signs of intoxication.

Police Officer Michael Dixon, who said he has investigated thousands of crashes in his 28 years with the department, said Leyva Rodriguez was mumbling after the crash, smelled strongly of alcohol, and failed the sobriety tests, Dixon said. His blood alcohol content was .192, a state criminalist testified. It is illegal in Iowa to drive with a blood alcohol content above .08.


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