The man accused in the drunk driving crash that killed an on-duty Dallas police officer has been indicted by a grand jury.
Phillip Mabry, 32, was indicted on a charge of intoxication manslaughter on a police officer on May 3.
The incident occurred on Feb. 13 when Officer Mitchell Penton was hit and killed by a suspected intoxicated driver while directing traffic around an accident on the highway.
At around 1:45 a.m., Penton was securing traffic with the emergency lights from his squad car on after an accident in the northbound lanes of North Central Expressway at Walnut Hill Lane.
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Police said Mabry was driving a Kia Forte at a high speed and hit the back of Penton's squad car, which pushed the car into Penton.
Penton was taken to Baylor University Medical Center, where he died.
Police said Mabry was found to be intoxicated. He faces a charge of intoxication manslaughter on a police officer and intoxication assault in connection with the passenger who was in his vehicle.
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According to police documents obtained by NBC 5, Mabry had marijuana and was driving home after drinking tequila at an Uptown bar.
The affidavit stated that the a woman riding with Mabry told police she had been drinking with him at the Hideaway on Henderson bar. Mabry told police he had "two tequila sunrises and maybe two shots of tequila" before the two left for his home in South Dallas, the affidavit read.
In addition to the charge of intoxication manslaughter on a police officer, Mabry also faces an intoxication assault charge in connection to the woman he was riding with as well as a drug possession charge for the 6.7 grams of marijuana seized at the scene.