Plea guilty, or go to trial on charges of deadly DWI?

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Tashonty Toney, accused of vehicular homicide and other charges in a crash on Esplanade Ave. the night of the Endymion parade, is set to go to trial in October, despite an apparent willingness to plea guilty to the charges.

The New Orleans Times-Picayune/The New Orleans Advocate reports prosecutors and defense lawyers have been unable to agree on whether Toney's blood-alcohol content was more than 0.20. That level would classify the crime as a crime of violence and make Toney eligible for a sentence of up to 60 years. 

Toney refused a breathalyzer at the scene of the crash that killed two bicyclists and injured several more people. When investigators were able to draw a blood sample, hours later after receiving a warrant, the results came back at 0.14. Authorities said based on the elapsed time, Toney's BAC was 0.215 at the time of the crash.

The defense is reportedly willing to admit to a BAC of 0.15, but not higher.

The judge set a trial date of October 17.