McElhaney, the driver of the car, is accused of killing his girlfriend and her unborn baby after his drug and alcohol test results came back from the Michigan State Police. He was previously charged with driving on a suspended license causing death and serious injury and possession of heroin and clonazepam.
The car McElhaney was driving May 13 hit a tree on M-43 southwest of Hastings. He and two other people were sent to the hospital. Faith Allen, 21, was airlifted to Spectrum Butterworth Hospital, where she and her unborn baby died. Nobody in the car was wearing a seat belt.