OKLAHOMA CITY (KFOR) — The man charged with killing an Edmond motorcycle officer is out of jail, because he is too sick for jail staff to take care of him, according to his attorney.

“He’s ill,” said Billy Coyle, defense attorney.

Coyle’s client, Jay Fite, is facing manslaughter charges for the tragedy from July 2022. Oklahoma City Police said that’s when Fite slammed his work truck into Edmond motorcycle officer Sgt. CJ Nelson.

“There was a car right behind the motorcycle and it appears that car took evasive action and the motorcycle rider may have tried to do the same. That truck slammed right into all of them,” said Msgt. Gary Knight with OKCPD shortly after the accident.

The 38-year-old father of two didn’t make it.

Fite told investigators he was “overworked and very tired” and at the time he was “going too fast and was not able to stop his vehicle.”

OKC Police said blood tests later revealed Fite had meth in his system.

“Still an accident. No intent to do crime here,” said Coyle.

Coyle couldn’t tell News 4 many details because of HIPPA laws. However, he said Fite’s condition is so bad jail staff can’t take care of him. There’s no word on if it’s terminal.

“I know that is just in the beginning stages,” said Coyle.

On September 14th all sides agreed. Fite would be placed on house arrest with an ankle monitor.

“He stays at home only to be released for doctors appointments,” said Coyle.

“The District Attorney’s Office was notified that Jay Fite was ill and hospitalized. Doctors recommended he be released on OR bond. We agreed based on the physicians recommendation with numerous conditions including the ankle monitor. If he violates any of the conditions, he will be returned to custody. “ said Brook Arbeitman, spokeswoman for DA Vicki Behenna

“You’re dealing with someone that has no priors, does not have a criminal history,” said Coyle.

Meanwhile, the Oklahoma Fraternal Order of Police knows this news will re-open wounds.

“As long as the proper safeguards are in place and taken. We want to make sure this person cannot revictimize and can ultimately stand in court one day to answer for the charges against him,” said Mark Nelson, the Oklahoma FOP president.

News 4 reached out to Sgt. Nelson’s wife, who did not want to speak on camera. However, she told us she is aware of Fite’s release and knew he’d been in the hospital.

Edmond Police and the Edmond FOP did not want to comment.