Amended criminal charges were filed Wednesday against UC Berkeley graduate student Jose Lumbreras, who crashed his vehicle in Berkeley nearly two weeks ago, leaving two people dead.

According to police, Lumbreras’ blood alcohol level was twice the legal limit when the car he was driving car crashed into a tree in central Berkeley shortly after 1 a.m. on May 18, killing 22-year-old UC Berkeley alumna Milanca Lopez and seriously injuring her six-year-old son, Xavier Chevez.

Xavier died Friday at Children’s Hospital Oakland after being comatose for a week following the accident.

The Alameda County District Attorney originally charged Lumbreras with gross vehicular manslaughter while intoxicated and drunken driving causing injury but amended the charges Wednesday to include a second count of manslaughter.

Deputy District Attorney Teresa Drenick said that although the charges were amended, Lumbreras did not appear in court for his scheduled hearing on Wednesday because he is still in the hospital with injuries sustained in the accident.