After deeper investigation into the drunk driving incident that left two dead at a Minnesota bar, the Hennepin County Attorney's Office has upgraded charges against 56-year-old Steven Frane Bailey to include two counts of third-degree murder.
Bailey was initially charged with two counts of vehicular manslaughter and nine counts of criminal vehicular manslaughter in connection with the drunk-driving crash at Park Tavern in St. Louis Park that Sunday night.
Court documents show that on September 1, Bailey's preliminary blood-alcohol content was 0.325-over four times the legal limit-at the time of the crash, according to KSTP 5.
Kristina Folkerts, an employee at the Park Tavern, and Methodist Hospital employee Gabe Harvey were killed on impact.
The Attorney's Office defined third-degree murder as someone causing another's death "by perpetuating an act eminently dangerous to others and evincing a depraved mind, without regard for human life."
It added that at the time of the original charges, it hadn't yet received surveillance video of the crash. Officials determined that the video footage obtained later supports the third-degree murder charges.
The video from Park Tavern shows Bailey turn right from Louisiana Avenue onto Oak Leaf Court and then turn right into the parking lot.
Prosecutors allege Bailey would have had a clear view of the restaurant's patio. The parking lot was also nearly full, and people were walking in the area.
After entering the parking lot, Bailey passed several parked cars and then stopped briefly after passing an empty parking spot. He seemingly attempted to back into the spot, but ultimately hit another car and then tried to speed away.
As he sped through the parking lot, surveillance showed an SUV turning into the area and Bailey swerving to avoid it.
Hitting the rear driver's side door of the vehicle, and without slowing down, he continued to barrel toward the patio, according to court officials.
Bailey stepped on the gas and accelerated past a two-lane parking lot and 11 empty parking spaces before plowing through a metal fence into the patio.
His vehicle hit several occupied tables and several people.
Prosecutors say he kept driving through the full length of the patio without braking. The car didn't slow down until it hit several boulders and came to an abrupt stop.
Bailey's next court appearance is scheduled for October 1.
