GREENFIELD, Ind. — A man accused of driving while intoxicated and killing a person now faces two felony counts.

With three prior convictions, Hancock County prosecutors will seek a habitual offender count against Jason Phelps, 42.

Police say he crashed into a house on March 4, killing his passenger, 47-year-old Dalen Charron. According to court documents, Phelps initially tried to say he was not driving, but a medic who was one of the first on the scene says otherwise.

“The passenger was seat belted in the passenger side of the vehicle,” said Brent Eaton, a Hancock County prosecutor. “Mr. Phelps had to be driving.”

Phelps was convicted in 2001 for operating a motor vehicle while intoxicated with a prior. In 2007, he was convicted of operating while intoxicated causing death.

A warrant has been issued for Phelps, but he has not been found. If convicted, the habitual offender charge could add 20 years to Phelps’ sentence.

Courtesy of WRTV