WICHITA, Kan. – James Dalrymple was taken into custody the night of a crash that killed Wichita police officer, Stacy Woodson and his son, Braeden, but it wasn’t until this week, six months later, that charges were filed.

Dalrymple was charged with two counts of involuntary manslaughter and one charge of failing to yield the right of way.

“The complaint in this case says that the two people were killed by the accused while the accused was either committing, attempting to commit or in flight from a violation of KSA-8-1567, the DUI statue,” said Dan Monnat, Wichita criminal defense attorney.

KSN spoke to criminal defense attorney, Dan Monnat. He is not connected to this case but reviewed the court documents to help break them down.

According to the complaint, Monnat said the district attorney will have to present evidence that Dalrymple was under the influence at the time of the deadly accident.

“The prosecution has to prove beyond a reasonable doubt that indeed the accused committed the offense of operating a vehicle under the influence of alcohol, drugs or both,” Monnat said. “Two, the prosecutor has to prove beyond a reasonable doubt that that DUI offense caused the death of another human being as accused in this involuntary manslaughter prosecution.”

Another raised questions is why so long between the crash and charges?

Monnat said the district attorney has to wait for the results of the investigation, which likely included blood tests and engineering reports of the reconstruction of the accident.

“The fact that there is a death in April, and we get the results of the toxicology report in October is not unusual,” Monnat said.

Dalrymple is scheduled to appear in court on November 28.

See full video at KSN.com