Former Penn State football standout Julian Fleming is facing felony charges for vehicular homicide, accused of causing an ATV accident that claimed the life of his girlfriend earlier this year.

Fleming, 24, made his first court appearance Wednesday in Bradford County, Pa., to hear the charges against him, local ABC affiliate WNEP reported.

Authorities reported that Fleming was under the influence while operating the ATV on rural roads near Troy, Pennsylvania, on May 23. According to NorthCentralPA.com, his blood-alcohol content was measured at 0.118, surpassing the legal limit of 0.08.

The crash resulted in the death of 23-year-old Alyssa Boyd, who was Fleming’s girlfriend. Fleming himself sustained critical injuries, and it was noted by police that neither individual was wearing a helmet at the time of the accident.

Fleming was in control of the Yamaha four-wheeler when he collided with a deer, as per the authorities. Law enforcement discovered deer remnants on the damaged ATV and a deceased deer in the vicinity.

“This prosecution has wrongly turned a tragic unavoidable incident into a criminal charge,” claimed Fleming’s defense attorney, David Bahuriak, speaking to TMZ, emphasizing that the circumstances do not justify a charge of criminal homicide.

Fleming faces nine total charges, with the top count of felony homicide by vehicle. That charge carries a maximum of seven years in prison.

During his high school years, Fleming was recognized as one of the nation’s top football prospects while playing for Southern Columbia High in Catawissa, Pennsylvania. He subsequently played four seasons with Ohio State, spent a season at Penn State, and had a trial with the Green Bay Packers shortly before the incident occurred.