FOLEY -- A Sauk Rapids man has been charged with criminal vehicular homicide and third degree DWI after a fatal crash Friday.

According to the criminal complaint, witnesses saw a vehicle driven by 38-year-old Jose Fabian speeding down 35th Avenue Northeast in Minden Township, lost control on a curve and hit a tree. Fabian's passenger, David Eberle was not buckled in and was found dead at the scene with head trauma.

Records show emergency responders heard Fabian admit he had been drinking. Fabian later refused a breath test at the hospital and a blood sample was taken to determine his blood alcohol level.

Judge Michael Jesse set unconditional bail at $100,000, it's $20,000 with the conditions of electronic home monitoring, drinking no alcohol, and cannot leave the state.

According to the criminal complaint he has a prior DWI conviction from January 2006.