A Spencer man will have a chance to respond to amended charges for his possible role in a traffic fatality earlier this summer.

James Owen Prather faces a charges of vehicular homicide, serious injury by vehicle and leaving the scene of an accident resulting in death. The vehicular homicide charge is a Class B felony and carries a penalty no more than 25 years in prison.

The remaining charges are Class D felonies and each carry a fine of $750 to $7,500 as well as a penalty of no more than five years in prison.

Prather had the option of hearing the accusations in open court, but waived his preliminary hearing. The three charges were instead filed in court documents on Friday Aug. 15.

The trial information filing allowed District Court Judge David Lester to set a 9:30 a.m. arraignment date on Tuesday, Sept. 2. The arraignment process allows someone accused of violations to respond to the allegations in open court.

Barring an agreement with prosecutors, defendants and their attorneys typically enter a written plea of "not guilty." The filing cancels the need for an arraignment and helps court administrators set the court calendar.

Charges were filed after the Spencer Police Department responded to a hit-and-run crash on the evening of Aug. 4 involving a sports utility vehicle, which rear-ended a motorcycle as both vehicles were traveling east on U.S. Highway 18 near the area of Del's Garden Center.

Both riders were thrown from the motorcycle and were transported to the Spencer Hospital by ambulance. They were later transported by emergency helicopter to a trauma center in Sioux Falls, S.D. The driver, 30-year-old Brian Beck of Spencer, passed away, two days later, from injuries sustained in the crash.

The rider was 19-year-old Krystal Plagman of Marathon. She has since been released from the hospital.

The SUV continued east on Highway 18 and left the scene. It was located a short time later at the Country Villa Trailer Court just south of Spencer. Investigation by officers resulted in the arrest of 57-year-old Prather.

Prather initially was charged with operating while intoxicated and improper passing. Bond was posted on his behalf and he was granted a conditional release.

"Because of the new charges, he is going to voluntarily going to turn himself in to be printed and processed at the police department today," Clay County Attorney Michael Houchins said on Thursday.

The county attorney also explained why the initial charge of operating while intoxicated was dropped.

"People may have questions as to why we didn't keep the OWI charge," he said. "The reason is: OWI is a lesser included offense of the vehicular homicide. The OWI is part of the vehicular homicide charge. They merge together because it is a lesser included offense."

Prather must be tried within 90 days unless he waives his right to a speedy trial.