After a preliminary hearing Tuesday afternoon, Charles Acy, of 1104 Whitworth Ext, will appear before a grand jury later this month.

Acy has been charged with two counts of DUI homicide. Acy is allegedly responsible for the death of Jevonta Dickey and Shaquan Richardson. The accident occurred on Oct. 14 when Acy’s Hummer came into contact with a Ford F-150. Dickey and Richardson were both inside the truck.

Brookhaven Police Chief Bobby Bell said Acy was found unconscious when officers arrived on scene but awoke and was taken to KDMC. Acy was allegedly under the influence at the time.

Judge Brad Boerner found that the prosecutor has enough evidence to present before the grand jury.

Acy’s defender asked for a bond that allowed for Acy to be on house arrest prohibiting him from driving and prohibiting him from ingesting any chemicals or drugs unless prescribed by a doctor. The attorney for the state, David Brewer, said the Dickey and Richardson families were not in a position to accept such a bond and requested the judge to consider Acy a threat to public safety and a flight risk.

Boerner did find Acy to be a flight risk and a threat to public safety concerning his past four convictions regarding actions taken while driving without a license. On the night of Oct. 14, Acy was found at the scene of the accident behind the wheel of his vehicle without a license.

“He’s shown he will drive when he’s not authorized to do so by law,” Boerner said.

Although the judge found Acy to be somewhat of a flight risk and a threat to public safety he said Acy is entitled to a bond. Judge Boerner set Acy’s bond “higher than normal” at $1 million and prohibited him from driving, leaving the state, alcohol consumption and consuming narcotics without a prescription.