OAK GROVE, Minn. (FOX 9) – A female driver who police say hit and killed a motorcyclist in Oak Grove, Minn., earlier this month was allegedly on her phone before the crash, according to a search warrant.

What we know

Kelly Matthew Linder, 49, of Albert Lea, was killed in the crash Saturday, October 5, in Oak Grove, Minnesota.

Deputies say Linder was driving a motorcycle and was stopped along Viking Boulevard Northwest while waiting to turn into a business near Lake George Boulevard when his motorcycle was struck from behind by an SUV.

Despite the efforts of first responders, Linder was pronounced dead at the scene.

What’s new?

In search warrants filed Oct. 14, authorities say a witness told them the driver admitted to using her phone before the crash.

According to court documents, the witness said the driver of the SUV told them “she was on her phone and wasn’t paying attention,” according to the search warrant.

But later witnesses said she changed her story, saying the sun was in her eyes. She later blamed the sun for the accident when she spoke with deputies, according to the documents.

However, the accident occurred shortly before noon, when the sun was high in the sky. Deputies said they don’t believe that could be a factor in the crash.

The police seized the SUV driver’s phone. The search warrants seek permission to forensically examine one’s phone, to determine whether the driver was using it at the time of the accident.

Context

As of Wednesday, no charges had been filed in the case. Because the driver has not been charged, FOX 9 is not identifying her.