A grand jury in Gaston County, South Carolina, has indicted a woman suspected of DWI in connection with the death of a bicyclist. 

Shawna Irene Warden will face charges of felony death by vehicle, DWI and driving without a license in the accident that killed another local resident. 33-year-old Ian Hollowell Scott was traveling on Union Road near the municipal airport on Dec. 6, 2008, when the car collided with his bicycle. The indictment has changed an initial suspected charge of either murder or manslaughter due to the circumstances of the case.

The circumstances, according a deputy investigating the scene, indicated the fact that Warden had a BAC over .08% at the time of the accident was not actually the cause. Instead, the investigators determined Scott's bicycle would have been hard for any driver to see on the dark road. While Warden will be charged with DWI because she was over the legal limit, she is not charged with murder or manslaughter because of her decreased responsibility in causing the crash.

The indictment for felony death by vehicle was handed down this November, despite the fact Warden had waited with just a DWI citation for over nine months.