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DES MOINES, Iowa — Police say 41-year-old Wade Franck has died as a result of his injuries after being hit while participating in the Urban Assault Ride Sunday.

The driver accused of hitting Franck, 31-year-old Jonathan Rodriguez Leyva, is now charged with homicide by OWI, homicide by reckless driving and failure to render aid resulting in death.

According to a report, preliminary tests show Leyva was nearly three times over the legal blood alcohol limit at the time of the crash. Leyva was also driving under a barred driver’s license and had previously been charged with driving while barred four times dating back to 2002.

Police were called out to the Urban Assault Ride Sunday morning after reports came in of an accident in the 5100 block of Grand Avenue.

Police say Leyva took off after hitting Franck and two other riders. The other two cyclists suffered minor injuries.

The report says Leyva agreed to the preliminary breathalyzer which came back at .213. However, when the officer attempted to give Leyva the second court admissible breath test, he refused.

Eventually police were forced to get a court order from a judge to get a blood sample test.

“Going to the extent to getting a search warrant is unusual. It`s not something that we have to frequently do in this case we had to and it was the appropriate thing to do,” says Sgt. Paul Parizek with the Des Moines Police Department.

Leyva is currently being held in the Polk County Jail.