The county State’s Attorney’s Office has filed negligent homicide and negligent manslaughter charges against a Delmar man involved in a fatal crash Sunday night.

Delmar Police said the accident, which killed Thomas Mitchell of Federalsburg, occurred at 11:45 p.m. at Foskey Lane.

The driver, 42-year-old Richard Nguyen of Delmar, was additionally charged with driving under the influence and related charges, police said.

Officers said said Nguyen’s SUV collided with Mitchell’s vehicle on U.S. Route 13 at Foskey Lane. Mitchell’s vehicle was traveling south on Route 13.

Nguyen’s vehicle was on Foskey Lane heading west when the crash occurred, causing roads to be closed.

Mitchell was taken Peninsula Regional Medical Center and pronounced dead, police said.

Nguyen’s blood alcohol level was measured at .17, police said. In both Maryland and Delaware, the maximum legal BAC is .08.