FRESNO, Calif. (KFSN) -- The man arrested for drunk driving after a crash that killed an 8-year-old boy near Selma was not drunk, according to court documents.
Witnesses say Karmjit Singh was going more than 100 miles per hour and ran a stop sign when he hit and killed Maverick Martzen and injured the boy's parents.
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Singh was on probation for a 2016 DUI in Tulare County, so causing death in another DUI would automatically lead to a murder charge.
But court documents filed by prosecutors show he had a blood alcohol content of .017 an hour after the crash, which is far below the threshold for drunk driving.
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Prosecutors did charge him with murder, but legal analysts say it'll be a much tougher case to win without evidence Singh was drunk.