ST. CLOUD -- A trial is underway for the driver of a Hummer that hit and killed another motorist near Opole in 2009.

44-year-old Eugene Rivetts is charged with criminal vehicular homicide in the death of 19-year-old Ryan DeZurik.

Rivetts had pleaded guilty but withdrew his guilty plea upon possible new evidence that was discovered. Rivetts claims new information shows he was either sending or receiving text messages during the time of the crash.

Rivetts wasn’t charged initially. Another occupant in the vehicle, Timothy Rausch of Cushing told authorities he was driving the SUV when he swerved to avoid hitting a deer, but forensic evidence from the driver’s side of the Hummer showed Rivetts was really the driver.

Rivetts admitted he had been drinking throughout the day. But, his blood alcohol level was never measured because Rivetts said he wasn’t driving.