It appears prosecutors will have to rely on circumstantial evidence to prove Patrick L. Duncan was the hit-and-run driver who killed a man riding a bicycle on a Butler street last fall.

District Judge Pete Shaffer at a preliminary hearing today ordered Duncan, 29, of East Butler held for court on charges he was driving drunk Nov. 6 when he struck 21-year-old Jayson Cramer.

Butler police said Cramer was pedaling to a friend's house about 10:40 p.m. when a car traveling on Zeigler Avenue hit his bike, dragging the bicycle underneath it for six or seven miles.

But Duncan told police he was only riding in the car, owned by his stepsister, Kirsten K. Frey, 26, of Butler. He claims Frey was the driver.

But Frey can't say for certain who was driving her car that night. She blamed the uncertainty on having "blacked out" from drinking too much that night, police said.

So with no eyewitness testimony and sparse physical evidence connecting Duncan to the crime, prosecutors concede they are stuck with a circumstantial case.

Duncan is charged with numerous charges including homicide by vehicle while driving under the influence.

He is in the Butler County Prison on $100,000 bail.