An officer with the Houston Police Department who was responding to a call of a suicidal subject struck and killed a bicyclist on Tuesday night.

Houston police issued a release Wednesday morning saying that the bicyclist—identified as 29-year-old Dwayne Foreman—was pronounced dead at the scene.

According to ABC News, a witness told reporters that the squad car did not have its lights and siren activated. Houston Police Assistant Chief Henry Gaw said department protocol states the officer who is responding to a Code 2 has the option to have his or her lights and sirens on.

The Houston PD release said that preliminary investigations indicate that "the bicyclist failed to yield the right of way prior to entering the intersection and being struck."

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