HUTCHINSON, Kan. — A 31-year-old Anthony, Kan., man involved in an accident where a North Dakota man was killed while riding an ATV was scheduled for a pretrial hearing Friday, but because his attorney was unavailable, the hearing was postponed one week.

Nathan Clark is charged with involuntary manslaughter while under the influence of alcohol and failing to stop at a fatality accident. His alcohol level was at or above the legal limit of .08, according to the complaint.

It happened back on Oct. 18, 2014, when 48-year-old Allen Hammeren of Williston, N.D., was hit on South Sylvia Road after pulling onto the shoulder. He was pinned under his ATV and pronounced dead at the scene. Clark left the scene, but later contacted authorities about his involvement in the accident.

Clark didn’t seem to pleased that the hearing was continued. The hearing next Friday will be in front of Judge Trish Rose. He remains jailed on a bond of $65,000.