FORT WORTH (CBSDFW.COM) – The man accused of hitting and killing a Waxahachie police officer, had a blood alcohol level almost three times the legal limit at the time of the crash.

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According to the Department of Public Safety, toxicology reports show Dylyn Richards’ blood alcohol was .218 on the night of July 28, 2012.  The legal limit for drivers in Texas is .08.

Richards is accused of slamming his Chevrolet Suburban into the passenger side of Officer Josh Williams’ patrol car. Richards reportedly did not have his headlights on, and a Texas State Trooper said he could smell alcohol on Richards’ breath at the scene.

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Waxahachie officer Josh Williams, 44, was responding to a call at a fast food restaurant when he was hit. He was the father of three children.

Richards was previously arrested for DWI in 2009. His family claims there was no wreck or injuries to anyone as a result of that charge. He remains in the Ellis County Jail where he is charged with intoxication manslaughter causing the death of a police officer.

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