Sheriff: Deadly Sale Creek crash was driver’s fourth DUI

  photo  Hamilton County Sheriff's Office / Colton Clingan

The driver in a Sale Creek crash that killed one man and injured another Thursday has been charged with his fourth DUI, as well as vehicular homicide.

Colton Clingan, 31, also faces charges of aggravated assault, driving on a suspended license and other driving violations.

He had been convicted of driving under the influence three times before — in 2011, 2020 and 2022 — according to an affidavit in the case. He also has a "significant drug history," the affidavit states.

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Clingan was traveling south in a Dodge truck on Dayton Pike on Thursday afternoon when he drifted into the other lane and hit a van head-on, court filings state.

The passenger of the van, Eduardo Osario, was found dead at the scene, police said. The driver was taken to a hospital with injuries, the affidavit states.

Clingan told Hamilton County Sheriff's deputies that his car had drifted because he was "messing with his dog," though no dog was found on the scene, according to the affidavit.

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Deputies reported Clingan had bloodshot eyes at the scene, and medics responding to the crash said he had pinpoint pupils and did not respond to light, court documents say. Clingan told deputies he had taken Adderall, per his prescription, and smoked marijuana earlier Thursday.

Deputies obtained a warrant for a blood test, but the hospital refused to draw Clingan's blood, court filings state. Clingan then reportedly tried to leave the hospital before being placed under arrest, according to court documents.

Deputies found that Clingan was supposed to be using an interlock device, which measures a driver's blood alcohol content before turning on a car, but did not have one in his truck. His license was also suspended because of an insurance violation.

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A witness also called the Sheriff's Office and reported seeing Clingan's truck swerving before the crash, court filings say.

He appeared not to be wearing a seatbelt at the time of the crash, according to the affidavit.

Clingan is being held at Silverdale Detention Center on a $150,000 bond, jail records show. He is scheduled to make his first court appearance Friday in front of Judge Larry Ables in Hamilton County's General Sessions Court, according to dockets available online.

Contact Ellen Gerst at or 423-757-6319.