A Perry man was convicted of driving under the influence of alcohol rather than manslaughter in the death of a bicyclist.

A Shawnee County jury decided Tuesday that the cyclist, 48-year-old Michael Anthony Ebron, contributed to his death in the June 2009 accident.

The jury convicted 46-year-old Randy L. Ledbetter of Perry of DUI in the accident on U.S. 24 in Topeka.

The Topeka Capital-Journal reports that both men were drunk at the time of the accident and Ebron also had marijuana in his system.

Juror Matt Copeland said the jurors decided Ebron’s conduct was a contributing factor in his death. Witnesses said Ebron didn’t have any illumination on his bicycle and was riding his bike in a driving lane when he was hit.

Sentencing will be Nov. 10.