(credit: Collin County Sheriff’s Dept.)

McKINNEY (CBSDFW.COM) – A North Texas drunk driving suspect, who simply left on a courtroom lunch break and never returned, is back in custody.

Richard Davis Callaway surrendered to Collin County Sheriff’s Monday.

Callaway was in court on March 7, facing his sixth driving while intoxicated charge. After hearing all the charges against him Callaway left the courtroom on a lunch recess and never returned.

Texas law states that a trial may continue without the defendant present and that is exactly what State District Judge Ray Wheless did. When the trial was completed the judge pronounced a sentence of 40 years for Callaway and a warrant was issued for his arrest.

After nearly a month as a fugitive the 48-year-old turned himself in.

Callaway is expected to once again go before a judge to be formally sentenced and then turned over to the Texas Department of Corrections.

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