LEXINGTON, Ky. — A former University of Kentucky student has been charged with reckless homicide and driving under the influence in connection to a crash that killed a 4-year-old near Kroger Field last year.

Police said Marco Lee Shemwell was standing on the side of the road when Jacob Heil, 18, struck him with his vehicle on September 17, 2018. Shemwell passed away at UK HealthCare’s Kentucky Children’s Hospital two days later.

Court documents said Heil smelled like alcohol, had bloodshot and watery eyes and showed signs of impairment on field sobriety tests. According to our sister station WTVQ, police said Heil told them he was leaving a tailgating party where he says he drank two beers several hours before the crash.

Heil was charged with driving under the influence and pleaded not guilty in September.

The Shemwell family said in a statement that they believe justice will be served for Marco.

"The Shemwells are aware of the grand jury’s decision to indict Mr. Heil on the charge of reckless homicide. Ben and Liz, Marco’s parents, have faith in our court system and believe that justice will be served for Marco," the statement said. "Our family is humbled by the outpouring of love and for those who have prayed for us during this difficult time. We ask for privacy as we continue to heal, and have no further comment."

MORE: 4-year-old dies after being struck by vehicle near Kroger Field