Monday, September 26, 2016, 9:06 AM

Monday, September 26, 2016, 9:06 AM

Brian Bias of Fort Gibson was charged in Cherokee County District Court with driving under the influence and transporting an open container of beer in the wreck last month that ended in the death of Brian McElmurry, who was riding a motorcycle near the Fort Gibson dam on Aug. 21.

The wreck occurred at the junction of Oklahoma 80 and Oklahoma 251 A, just past the dam, where the Oklahoma Highway Patrol reported that McElmurry was southbound on 80 on his motorcycle and Bias was northbound in a 2004 GMC Yukon. McElmurry failed to negotiate a turn and laid his bike down and Bias then struck him and the motorcycle.

Both drivers had the “smell of alcohol” about them, the patrol reported.

Bias now faces a $1,000 fine and between 10 days to a year in jail for the DUI and a $500 fine and up to six months in jail for the open container of beer.