Record: Driver in fatal Cedar Rapids crash tested at over twice the legal alcohol limit

CEDAR RAPIDS — A Cedar Rapids man charged with vehicular homicide after a fatal crash last month had a .189 blood alcohol level — over twice the legal limit — more than two hours after the crash, according to a criminal complaint.

Spenser Michael Kann, 30, was arrested Wednesday on a charge of homicide by vehicle — operating under the influence and a charge of OWI second offense. He also faces citations for having an open alcohol container and failure to yield.

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He had his first appearance in court Thursday and was being held in jail on a $100,000 cash-only bail.

According to the complaint, Kann was driving a Ford Escape on Aug. 21 when he turned left from Sixth Street SW onto Wilson Avenue SW, despite not having the right of way, and crashed into an oncoming motorcycle. A Cedar Rapids police sergeant witnessed the crash.

The motorcyclist — Nicholas Cox, 44, of Cedar Rapids — was thrown from the motorcycle and his leg was severed. He received emergency medical treatment on the scene and was taken to the University of Iowa Hospitals and Clinics, where he died.

Police made contact with Kann and noted that he appeared to be under the influence of alcohol. They started field sobriety tests but didn’t finish them because Kann didn’t want to complete them, An open container of alcohol was found in his car and he admitted to consuming alcohol earlier in the evening, the complaint stated. A passenger in the car told police they had been drinking alcohol together.

By the time police obtained a search warrant to take a sample of Kann’s blood, more than two hours had passed since the crash. The sample was tested and showed a .189 blood alcohol level. The legal limit for driving in Iowa is .08. The sample also tested positive for THC and marijuana metabolites.

Court records show that a warrant in the open container case was requested Sept. 11.

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