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Garbage truck driver drunk the beers before fatally striking Australian tourist in New York City, cops say

Madison Jane Lyden, 23, was struck and killed while riding a bike during her vacation in New York City, police said.

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A garbage truck driver drank two beers and ate a chicken salad sandwich — which his attorney claims may have absorbed the alcohol before he struck and killed an Australian tourist in New York City on Friday, police said.

Felipe Chairez, 44, faces several charges including driving while intoxicated after Madison Jane Lyden was hit by a garbage truck and killed. The 23-year-old tourist was riding on a bike just before 5 pm, Friday near Central Park when she swerved to avoid an Uber that went into the bike lane, police said.

Madison Jane Lyden was riding her bicycle when she was struck and killed Friday.

(FOX5NY)

She was avoiding the car, Chairez struck the sanitation truck he was driving in Lyden, police said.

She was taken to the hospital with severe body trauma and later pronounced dead.

Chairez remained at the scene and admitted to police he drank two beers before he’s behind the wheel, the New York Post reported, citing court documents. The authorities also found three empty beer cans in the truck.

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During his arrest Saturday, Chairez attorney with a bizarre explanation about why his client may not be drunk driving.

“If he had a chicken salad sandwich, the alcohol can be absorbed, the lunch he had,” attorney Kenneth Ware said in court.

The police said Chairez blood-alcohol content in fatal crash happened was between .04 and .06.

Madison Jane Lyden was taken to the hospital where she was pronounced dead.

(FOX5NY)

Lyden grew up in the south of Tasmania and is the daughter of a few known to support local charities, news.com.au reported. She worked as a swim instructor, lifeguard, and receptionist. She was in New York City on vacation with friends.

Her grieving father told Southern Cross News that they spoke with his daughter the day before her death.

“She had only spoken to me the previous day, or the day before, and said,” Daddy, can you believe your little girl is in New York City?'” the father told the news station. “And for her to be taken from us in such a horrible way is gut wrenching. Words can not describe how heart wrenching it is.”

Katherine Lam is a breaking and trending news digital producer for Fox News. Follow her on Twitter via @bykatherinelam

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