The driver was initially charged with intoxication assault however that changed after the passenger lost his life. 35-year-old Juan Javier Arredondo is behind bars facing an intoxication manslaughter charge. According to the Department of Public Safety, the preliminary investigation shows that an ATV occupied by two people was traveling southbound on Ebony road when the passenger identified as 28-year-old Jacob Israel Flores fell off the vehicle sustaining major injuries. Flores was transported to Valley Baptist Medical Center. Police say Arredondo was then arrested for intoxication assault. The charge was upgraded to intoxication manslaughter after Flores died at the hospital. The incident happened on Ebony road north of FM 508 around 4a.m. Sunday.

If found guilty Arredondo could face two to twenty years in prison and up to a $10,000 fine.

DPS investigates ATV death in Harlingen