The Yale student charged with negligent homicide in the death of a woman outside the Yale-Harvard game last November is not eligible for a special form of probation that would have left him without a record, according to a report in the New Haven Register.
Brendan Ross, 21, was behind the wheel of a U-Haul truck carrying beer kegs on Nov. 19 when the truck slammed into a group of tailgaters.
Nancy Barry, 30, of Salem, Massachusetts, was killed. Two other women were injured, one seriously.
Ross made his first court appearance earlier this month on charges of negligent homicide with a motor vehicle and reckless driving.
According to court documents, officers at the scene of the crash in a parking lot outside Yale Bowl, said Ross "was clearly engaging the accelerator" when the accident occurred. Ross's fraternity brothers, who were passengers in the truck, said it appeared the vehicle "shot forward" uncontrollably.
"I'm sober, I'm sober," Ross said to police, according to court documents. He later said "Oh my god, what did I do? It was an accident."
Ross passed a sobriety test at the scene.
"No matter how you look at this, this is a tragedy all around," said William Dow, Ross's attorney. "Somebody lost their life. Somebody broke their leg. A third person got injured. Here you have a young man who's charged with a crime whose future is going to be tainted by this."
The accident led Yale University to reexamine the school's tailgating policies.