NEW YORK (CBSNewYork/AP) — A grand jury has charged a man with leaving the scene of an accident that killed a pregnant woman and her husband. Their baby died a day later.

Julio Acevedo was indicted Wednesday on a charge of leaving the scene of an incident without reporting where death results. The Brooklyn district attorney’s office said further charges are possible as the investigation continues.

And as CBS 2’s Hazel Sanchez reported, prosecutors said Acevedo should never have been behind the wheel at all when the crash happened.

About two weeks before the accident, Acevedo was being arraigned for a drunken driving charge. Supreme Court Judge Michael Gary was working a rotation in arraignment court, and released Acevedo on a personal recognizance bond.

Judge Gary did not suspend Acevedo’s driver’s license, despite it being mandatory.

A representative for Gary commented on the situation: “He’s just looking forward to having the facts come out… the investigation going forward, and being able to get through this.”

Acevedo is accused of speeding down a Brooklyn street and crashing into a car carrying 21-year-olds Nachman and Raizy Glauber. Both were killed. Their premature son, who was delivered by emergency Cesarean section after the crash, died a day later.

The driver of the cab, Pedro Nunez, was knocked unconscious.

Acevedo then fled the scene, police said. He was later arrested in Bethlehem, Pa., after a friend brokered his surrender.

Acevedo said he was fleeing a gunman when his borrowed BMW slammed into the livery cab. But police said there were no reports of shots fired in the area around that time.

Defense attorney Kathleen Julian said Acevedo feels terrible about what happened, but said it was an accident.

“I know a lot of people are judging him on his past, but it’s the present that matters and he’s torn up about it, that the family is suffering,” Julian said. “He’ll carry it with him for the rest of his life.”

Acevedo was arrested last month on a charge of driving while under the influence and the case is pending. He was stopped by police after they said he was driving erratically around 3 a.m. on Feb. 17. He had a blood-alcohol level of .13, over the limit of .08, police said.

He was convicted of manslaughter in 1987, along with drug and robbery charges. After serving 10 years, he was sent back to jail for a parole violation and then released in 1999.

Prosecutors said based on Acevedo’s prior criminal record, he faces 25 years-to-life in prison if convicted.

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