UPDATE: Driver charged with murder in fatal collision allegedly drove around 100 miles-per-hour while intoxicated

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EL PASO, Texas (KTSM) – An El Paso man accused of causing a deadly crash has been released from the hospital. The El Paso Police Department says he has been charged with murder.

Investigators say Miguel Josue Fonseca, 42, was speeding and rear-ended a 2006 Cadillac driven by Francisco Garcia on Sept. 6 on Loop 375 by Iron Medics Drive. Fonseca had allegedly weaved in and out of lanes of travel before hitting Garcia’s vehicle.

The impact reportedly caused Garcia, 69, to travel down an embankment and rollover, where he was ejected. He died at the scene, police say.

The El Paso Police Department says that alcohol is a contributing factor in addition to speeding.

Police arrested Fonseca after he was released from Del Sol Medical Center on Sunday. He has been booked into the El Paso County Jail with bond set at $750,000. He has two prior Driving While Intoxicated charges, according to county records.

Investigators say Fonseca’s vehicle was on and in reverse while he tried to allegedly leave the scene. A police officer smelled a strong odor of an unknown alcoholic beverage coming from the inside of the vehicle, an affidavit says.

Fonseca allegedly refused to answer questions while he was in the hospital. Police say they observed Fonseca with red bloodshot eyes, slurred speech and emitting a strong odor of alcohol coming from his breath and person while he wore a mask over his face.

An affidavit states police asked for a voluntary sample of blood from Fonseca, which he allegedly refused. Police then obtained a warrant from a judge to obtain a blood sample from Fonseca.

At the site of the crash, a witness told police she allegedly observed Fonseca weave in-and-out of northbound lanes when he collided with Garcia’s vehicle. The witness also told police he allegedly was “passed out” with an injury to his right eye.

“(Fonseca) then awoke saying he was going to leave to his brother’s house as he opened his driver’s door,” the affidavit reads.

The document states that’s when they reacted by forcefully closing and locking his driver’s door to prevent him from leaving.

Another witness says he was driving behind Garcia at 65 miles-per-hour when Fonseca allegedly passed him in the left lane at about 95-to-100 miles-per-hour.

This is the 46th fatality compared to the 50th at this same time last year.

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