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Couch, 32, has evaded capture since Saturday, after he allegedly used an AR-15 to shoot at unsuspecting drivers from a cliff ledge next to Interstate 75, near London, Kentucky, according to authorities.

The judge downgraded the charge from DWI to driving while ability impaired.

Sean Higgins, 43, is suspected to have been driving under the influence when he fatally struck Johnny, 31, and his brother, Matthew Gaudreau, 29, while they were cycling on a rural road in their south New Jersey hometown Aug. 29.