The 18-year-old UK student accused of driving under the influence during a crash that killed a 4-year-old-boy after a Kentucky football game is now being charged with reckless homicide, according to an indictment cited by the Lexington Herald-Leader. 

Jacob Heil was initially only charged with DUI in September 2018 after he was identified as the driver of the silver passenger car that struck and killed 4-year-old Marco Shemwell, who was waiting to cross Cooper Drive with his family after a UK football game. 

Heil pleaded not guilty to that DUI charge in September. In this recent indictment, the grand jury included a misdemeanor DUI count along with the reckless homicide charge, according to the Herald-Leader.

Court documents show that Heil told police that he drank two beers at 9:30 a.m. at a tailgate before the game the day of the crash. 

Heil was arrested at the scene of the accident with red, blood-shot, watery eyes and was charged with DUI. He was later released eight hours after his arrest.

Heil took a portable breath test at the scene, but his attorney Christopher Spedding said that test is not admissible in court.

UK suspended Heil in September as well as the Alpha Tau Omega fraternity he had pledged.