Defendant Pleads Not Guilty in DUI Death of Murrieta Man

The 40-year-old man accused of DUI gross vehicular manslaughter in the death of an 84-year-old Murrieta man was ordered by a judge to wear an ankle monitor for the duration of the trial.

Richard Michael Proger of Menifee was arraigned Tuesday morning at Southwest Justice Center in Murrieta, where he plead not guilty to the charges.

Proger is accused in the . Proger was driving a pickup truck northbound on Clinton Keith Road near Chantory Street when he crossed into Johnson's lane. was heading home to the La Cresta area when he was killed on impact.

Proger suffered injuries in the crash and was transported to an area hospital, where Deputy District Attorney Chris Bouffard said his blood alcohol content came back at .19. Hydrocodone, also known as vicodin, was also found in his system, Bouffard alleged.

Bouffard asked Judge Stephen Sillman to order Proger to wear an ankle monitor as a condition to Proger's attorney's request that he be released on $75,000 bail Tuesday.

"My concern is for the safety of the community during the time he is out on bail," Bouffard said. "This is a vehicular homicide."

Toxicology reports ordered by the Murrieta Police Department also came back positive for alcohol and hydrocodone.

During further investigation, Bouffard said it was uncovered that Proger was allegedly traveling with a cooler of alcohol in the truck. A baggie with vicodin was also found in his vehicle, Bouffard said.

"He has an incredible alcohol abuse problem and that concerns the D.A.'s office," Bouffard said.

Proger's attorney, Michael Severo, argued that his client had a prescription for vicodin due to back problems he suffers from. He also argued that it was Proger's first offense.

"I don't think there is enough of a concern that we should put an ankle monitor on him at this time," Severo said.

Severo told the judge that his client had been cooperative throughout the investigation.

Proger had a bail bondsmen present and was not taken into custody. He was ordered not to possess or drink alcohol or drugs while the trial is pending. His rights to waive search and seizure by law enforcement were also held.

The ankle bracelet he was required to wear takes a blood alcohol content reading every half hour, based on the amount of alcohol in a person’s sweat, said Murrieta police Sgt. James Gruwell, who was present at court.

At least once every 24 hours the data collected by the device is uploaded for review by a case agent, Gruwell said.

According a statement filed by Murrieta police in support of an arrest warrant, Proger told the investigating officer that he had swerved to hit a rabbit in the road.

When told that physcial evidence did not support that account, Proger admitted there hadn't been a rabbit, according to the statement.

Proger's next court appearance is Sept. 8.