A grand jury has indicted the man accused of drunk driving into a Dallas police officer’s squad car, killing an officer near northbound U.S. Highway 75 and Walnut Hill Lane on the southwestern edge of Lake Highlands.

The jury chose to indict 32-year-old Phillip Mabry on a charge of intoxication manslaughter of a peace officer May 3.

The incident took place in the early hours of Feb. 13, while Officer Mitchell Penton was directing traffic around an accident on the highway. Mabry ran his Kia Forte into the officer’s car, which struck Penton and threw him into the middle lane of the highway. He was later pronounced dead at Baylor University Medical Center at Dallas.

Mabry, who was not injured, was arrested on the scene, according to police documentation. There was a woman in the passenger seat of Mabry’s car, who told police they had been drinking in Uptown Dallas before driving home.

Marby also faces possession and tampering charges for marijuana that police said he was found dumping on the ground.