Updated: 02/06/2014 7:27 AM
Created: 02/05/2014 2:25 PM KSTP.com
By: Beth McDonough
The man arrested for allegedly hitting and killing a cyclist with his van Monday night in Minneapolis has now been released from Hennepin County Jail.
Forty-nine-year-old John Iverson was released from jail at 1:30 p.m. Wednesday. Police believe Iverson was drunk when he hit and dragged 26-year-old Marcus Nalls.
The Hennepin County Attorney had until noon on Wednesday to charge Iverson, who was held without bail. Those charges were not filed.
Prosecutors are waiting for toxicology tests which will reveal if there's the presence of alcohol and the blood alcohol content. The outcome is important and could mean the difference between reckless driving or criminal vehicular homicide charges possibly being filed.
According to police, a van hit a parked car, sending it up into the sidewalk, and then continued down Franklin Avenue in the right lane.
Nalls was hit in the right lane, and the van veered up onto a snowbank, dragging Nalls underneath the car.
The fire department had to use an extrication device to lift the van off the victim, who was pronounced dead a short time later at the scene.
Iverson's family defended him Wednesday. His daughter Laura said, "he has sleep apnea and he fell asleep behind the wheel." We asked if her dad had been drinking Monday night, she said "I think so." We also learned Iverson shouldn't have been behind the wheel of a car at all. The state revoked his license on December 20, 2013.
The Department of Public Safety tells us one in eight Minnesotans are on the road without valid licenses, because they've been revoked like Iverson's, suspended or canceled.
Police say Nalls was wearing a helmet and had lights on his bicycle.
Nalls was training at the Hyatt in Minneapolis to become a chef. He and his fiancée Amanda just moved here last month from Atlanta.
Hotel general manager Mark Becker says Nalls left a large impression in his little time here. "A great guy. Full of energy full of life. He had huge dreams."
Nalls’ co-workers at the hotel showed KSTP the loading dock and the bike rack workers use. They say it's hard not to see it and think about the one bike that will never be there again.
“It's sad to know that something that he loved so much is what took him from this earth,” Becker said.
Nalls was an organ donor. KSTP is told his organs have already helped saved a little girl's life.
A memorial service for Nall will be held next weekend in Atlanta.