MOBILE, Ala. (WALA) -- Calvin Brewer is in the Mobile County Metro Jail on a murder charge after being released from the hospital.

Brewer was charged after his Corvette hit and killed Heath Byrd Sunday night.

Saraland man charged with murder after Chunchula resident struck, killed while mowing lawn

Byrd was mowing his lawn when that car slammed into him, killing him instantly. 

"He (Brewer) was under the influence of alcohol and has five prior arrests for driving under the influence of alcohol. That's why the charges were murder,” said Mobile County District Attorney Ashley Rich

Rich says toxicology reports haven't come back yet but based on his conduct at the scene and witnesses that came into contact with Brewer, it's clear that this was a DUI case.

"The Alabama law is very clear that in reckless indifference murder, prior instances of the same prior conduct are admissible. So, we will be seeking to admit those prior instances of driving under the influence of alcohol," Rich said.

Chunchula man cutting his grass when car strikes him, killing him instantly

Now, as investigators move forward with this case, the DA's office is focused on getting justice for Byrd’s family.

“They understand that we're working very closely with the state troopers to make sure this case goes forward," Rich said.

We did some digging and uncovered court documents that show Brewer was convicted of manslaughter in Washington County back in 2000.

Chunchula man killed when car loses control, runs off road and hits his lawnmower

We’re also learning that Brewer could face even more charges related to the crash because his son, who was a passenger in the car, was injured.

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