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GUTHRIE, Okla. (KFOR) – A former volunteer firefighter is scheduled to be in court on Thursday after a fatal crash in October.

Officials say 34-year-old Mandy Gorsuch died after being hit by a truck while leaving a bar in October.

Investigators say Zachary Simmons, a former volunteer firefighter, was behind the wheel of the truck.

According to investigators, Gorsuch and her wife began arguing with Simmons and his girlfriend outside of Roosters Hard Times Club.

Simmons allegedly “flashed his badge” before “gunning the truck,” running Gorsuch over.

He told detectives, “Mandy was hitting his pickup and he pulled away because he was scared.”

“Zach quit drinking an hour before the time he left, and when he left he had no idea that there was someone injured for several hours,” defense attorney Scott Adams told KFOR.

Simmons was ultimately charged with one count of leaving the scene of an accident.

“We want murder two at the very least,” Debbie Hopson said. “Vehicular manslaughter or anything but fleeing the scene of a fatality.”

However, the Logan County district attorney said there is simply is not enough evidence for a more severe charge in the case.

“There was no criminal intent and no malice intent,” Adams said. “He didn’t do this on purpose.”

“He took her life,” Hopson said. “Accident or on purpose, it doesn’t matter. He took her life with a vehicle and [is] still driving it today.”

Simmons’ preliminary hearing was originally scheduled for March 31. However, due to the coronavirus pandemic, the case was continued.

According to online court records, Simmons is scheduled to be in court on Thursday to select a new date for the hearing.