( KMZA )-A Beattie man sentenced last year on charges stemming from a traffic accident that claimed the life of an elderly Sabetha man is accused of violating terms of his probation.
Marshall County Attorney Laura Johnson-McNish has filed a motion in Marshall County District Court to revoke the probation of Ben O’Neil.
O’Neil is accused of violating terms of his probation on June 13th by failing to abstain from possession or use of alcohol, failing to remain in the state of Kansas and failing to abstain from entering a bar.
O’Neil made his first appearance in Marshall County District Court this week, where a hearing on the motion was set August 28th.
He remains in the Marshall County Jail on $500,000 bond.
O’Neil was charged in connection with a two-vehicle accident in July 2010 on U.S. 36 near Beattie that eventually lead to the death of 88-year-old Milburn “ Bud “ Cannon.  His wife, Lucylle Cannon, was also injured in the accident. 
Authorities say O’Neil was driving a vehicle that crossed the center line and struck a pickup truck driven by Milburn Cannon.  O’Neil’s vehicle also struck a car driven by Lucylle Cannon, who was following behind her husband.
O’Neil was sentenced last September to 34 months in prison for aggravated battery—reckless great bodily harm, nine months in prison for aggravated battery—reckless bodily harm, and six months in jail for driving under the influence.
However, the sentences for both aggravated battery charges were suspended and he was placed on 36 months probation.
He was ordered to serve 60 days in jail following the six months on the DUI Charge.
O’Neil’s  probation began in late March after finishing his jail time.