Phillip Daniel Tomsic, 22, is a student at Lincoln University from Grand Junction, Michigan.
He is charged with Homicide by Vehicle while DUI, Aggravated Assault while DUI, and related charges.
Investigators say Tomsic was behind the wheel on November 11, 2011 after drinking. Chester County District Attorney Tom Hogan said Tomsic, along with friends Anthony Washington and Kadeem Fulmore, decided to go out for something to eat.
Tomsic borrowed a car, the DA said, and was driving down Ashmun Avenue in Lower Oxford Township, next to Lincoln University at 85 MPH. The posted speed limit is 35 MPH.
Investigators say Tomsic lost control and slammed into a tree. The vehicle caught fire, but Tomsic was able to climb out of the wreckage.
Washington was killed on impact.
Fulmore was pinned under the burning car and was eventually rescued. He lost his right foot and his left leg below the knee, suffered a traumatic brain injury, and has severe burns over a large portion of his body. Fulmore remains in the hospital.
DA Hogan said the investigation revealed Tomsic's blood alcohol level was .089%, which is over the legal limit of .08%.
Hogan said in a statement "An incident like this is every family's nightmare. This case should be a warning to every student in Chester County not to drink and drive. You do not want to be the one responsible for killing your friends."
Tomsic was arrested on September 21st and currently is at Chester County Prison in lieu of $75,000 bail.