A hit-and-run suspect is in the Oklahoma County Jail . Police say the man had been drinking prior to driving.
Two men pulled over to fix a flat tire on the side of Interstate 44. Two passengers remained inside the vehicle.
"Half of the car is in the grass and half of the car, the driver's side, is on the sholder on the concrete," Oklahoma City Police Lt. Roger Bratcher said.
An oncoming nothbound car lost control and veered off the roadway, hitting the car just as the men completed the tire change.
"Onto the grass and strikes both subjects standing on the passenger side of the car," Bratcher said.
Police say they got a tip with a location of the car they were looking for with a person still inside only a few hours after the accident took place.
"The officer followed up on that tip, checked it out and found this person sitting in there. This person was intoxicated," Oklahoma City Police Sgt. Gary Knight said.
Police arrested suspect Steven Robertson were he was booked into the Oklahoma Couty jail on three different complaints.
"DUI, actual physical control of the vehicle, second degree murder and leaving the scene of a fatality accident," Knight said.
While dangerous to pull over on the side of the road no matter the circumstance, police say the men were careful to take the proper procautions in changing their tire.
"They pulled off the lanes of traffic, pulled over onto the shoulder, even partly into the grass, to make sure they were not hit by a vehicle. But, in the end that's exactly what happened," Knight said.
Reports conclude Robertson is still in the Oklahoma County jail with no bond.
Thomas Lee Smith, 18, was killed in the accident and Danny Shaw, 49, remains in serious condition in the hospital.