By Ashli Sims, News On 6
TULSA, OK -- Andrew Mathis is already behind bars, accused of first degree murder and assault and battery. Now a victim of the Brookside crash is filing suit, and Mathis isn't the only one named in the case.
A Brookside parking lot is where Mike Miller's life was shattered.
"He was trying to be a good Samaritan and he almost got killed himself," said Attorney Todd Tucker.
Emergency vehicles lit up the night, witnesses leaving Halloween parties were still in costume and two people were dead.
Police say Andrew Mathis got into a fight, knocking a man out. Several people ran to the fallen man's aid, including Carlos Lopez and Todd Tucker's client, 33-year-old Mike Miller.
Tucker says Mathis mowed down the crowd, killing Lopez and Dennis Cox, and running over Miller and shattering his face.
"At this point he is still traumatized by the incident. Obviously being involved where two people were killed and several others injured, yes he's very traumatized," said Tucker.
Tucker is representing Miller in a civil lawsuit filed against Mathis and an unnamed bar in the Brookside area.
"We have information that Mr. Mathis was on Brookside drinking prior to this incident. And we believe he was so intoxicated that he could not have criminal intent, but was negligent in his driving," said Tucker.
Miller's attorney believes Mathis wasn't just served, but over-served by bars in the area. And he wants to hold them responsible for his client's injuries.
And so far, there's no proof Mathis was drunk and he isn't facing any charges related to alcohol. But police are waiting on results from a blood test.
The News On 6 tried to talk to several managers at bars in the area, but no one would comment on the case.
Several weeks have passed since the accident and the party seems to have returned to Brookside's nightlife, but Tucker says his client's life will never be the same.
"Somebody's gotta pay for this. And if he was over-served, we're gonna find out who it was," said Tucker.
The attorney intends to name the bar or bars involved in this case in the next month.
Andrew Mathis is still being held on a half-a-million dollar bond.
11/24/2008 - Tulsa Judge Denies Motion To Raise Bond