A grand jury in Portales on Thursday returned an indictment against a Roswell truck driver who is accused of driving drunk and causing an accident that killed a two-week-old boy.
Brian Moshier, 40, is accused of homicide by vehicle involving driving while intoxicated, knowingly leaving the scene of an accident result in death, and tampering with evidence.
In a closed court session, the grand jury heard testimony from the victim’s parents, law enforcement officers and a medical investigator.
The indictment gives the state the ability to try the case in district court.
Moshier, who is being held in the Roosevelt County Detention Center on a $25,000 cash-only bond, drove his tractor trailer rig into a compact car around 3 a.m. on Aug. 5 on Highway 70 a few miles south of Portales, police said.
The collision forced the compact car to spin, ejecting Angel Martinez out of the car. Martinez was pronounced dead at Roosevelt General Hospital, according to the police report.
According the boy’s parents, Moshier smelled of alcohol at the scene of the crime and later fled the area on foot.
He was arrested 17 hours later in Elida.
Mike Moshier, Brian’s brother, said last week his brother fled the scene because he was afraid of going back to jail, where he had just been released a little over a year ago.
Mike Moshier noted his brother had been arrested for DWI in the past.
Brian Moshier will be arraigned within the next two weeks at the Roosevelt County District Court, according to Assistant District Attorney Matt Chandler.