UPDATE 7/18/14 @ 10:30 a.m.
WAYNE, W.Va. (WSAZ) – A criminal charge has been filed against the driver of a pickup involved in a crash that killed his friend and passenger.
Nicholas McFann, 21, died in the accident on Spring Valley Road near Huntington.
The single-vehicle accident happened just before 5 a.m. on July 12.
Jonathan Kennedy, 21, of Huntington was the driver of the pickup.
Wednesday, West Virginia State Police charged Kennedy with felony DUI Causing Death.
Trooper E.R. Robinette tells WSAZ.com Kennedy plans to turn himself in once he is released from the hospital. Trooper Robinette did not know when that would happen. Kennedy is now listed in good condition.
Both Kennedy and McFann were ejected in the crash.
Friends said the pair was leaving a birthday party when the crash happened and they had been drinking at the party.
In the criminal complaint, the trooper investigating the crash says Kennedy told him at the hospital that he had consumed approximately ten beers during the evening. He also says that Kennedy’s speech was slow and slurred and that he detected the odor of alcohol when he walked into the treatment room.
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State Police say Nicholas McFann, 21, died at the scene of the crash, when the 1999 Ford F-150 he was in flipped into a creek, ejecting both him and the driver.
The driver, Jonathan Kennedy, 21, is in stable condition at Cabell Huntington Hospital, where he was treated for multiple internal injuries.
McFann and Kennedy's friends say they were leaving a birthday party when the crash happened.
West Virginia State Police is investigating the crash, and is waiting on results from toxicology reports.
Friends say they were drinking at the party that night, but that they have no hard feelings against Kennedy.
"He's family. We don't want to lose two friends over this," said friend Nathan Staley. They said they don't expect McFann's family to press any charges against Kennedy.
McFann worked at The Peddler and Backyard Pizza, both of which are restaurants in downtown Huntington. Coworkers say the owners have shut them down for several days in memory of McFann.