Topeka (WIBW) - A man involved in a two vehicle accident that left one person dead now faces a more serious charge.

Shawnee Co. District Court records show the complaint against Randy Ledbetter was amended from vehicular homicide to involuntary manslaughter.

The charges stem from a June 2009 wreck. At the time, deputies said Michael Anthony Ebron was riding a bicycle without lights or reflectors on Highway 24 near Goodyear Road. An SUV driven by Ledbetter overtook him from behind and hit him.

Prosecutors say Ledbetter was driving under the influence.

A preliminary hearing is set for March 19th.

Explanation of Charges

Involuntary Manslaughter

There are two statutes dealing with involuntary manslaughter. The first defines involuntary manslaughter as the unintentional killing of a human being, committed recklessly or in the commission of a felony other than an inherently dangerous felony, or during the commission of a misdemeanor enacted for the protection of human life. Involuntary manslaughter charges can also be brought in circumstances where a death occurs during the commission of a lawful act in an unlawful manner.

The sentencing guidelines provide for a range of sentence from 31 months to a maximum prison term of 136 months.

The second statute defines involuntary manslaughter as the unintentional killing of a human being committed while a person was operating a vehicle under the influence of alcohol, drugs or both.

The sentencing guidelines provide for a range of sentence from 38 months to a maximum prison term of 172 months.

Vehicular Homicide

Vehicular homicide is the unintentional killing of a human being committed by the operation of a vehicle or means of conveyance in a manner which creates an unreasonable risk of injury to the person or property of another and which constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances. Simple negligence does not constitute a legal basis to charge Vehicular Homicide.

The maximum penalty for conviction of this offense is a jail term not to exceed one year and a fine not exceeding $2500.00.

Information taken from the Sedgwick Co. DA's Office Web Site