An Upper Darby man has been charged with killing a person while driving intoxicated on alcohol and marijuana in a May accident.

Upper Darby police have charged John J. McGonigle III, 69, of the 200 block of North Lynn Boulevard with homicide by vehicle while under the influence, DUI, reckless endangerment, careless driving and failure to yield to a right of way pedestrian.

According to the criminal complaint filed by Sgt. Daniel Connell:

At about 7 p.m. May 29, police were dispatched to West Chester Pike and North Linden Avenue for a vehicle crash involving a pedestrian. Police found the 78-year-old victim on the ground semi-conscious with severe head trauma.

The victim was transported to Lankenau Hospital by Lansdowne Fire Company MICU 19 ambulance. He succumbed to his injuries on June 4.

McGonigle was driving the vehicle that struck the victim. He told police he was coming from a bar in the 8900 block of West Chester Pike. Police detected an odor of alcohol and found McGonigle unsteady on his feet.

A field sobriety test was conducted which McGonigle was unable to complete. He told police he had three drinks.

Surveillance video showed McGonigle exiting a bar, at 5:25 p.m., getting into his car and turning left from West Chester Pike onto N. Linden Avenue at 6:52 p.m. striking the victim.

A blood sample taken from McGonigle found his blood alcohol level to be 0.133%. There was 1 nanogram of Delta 9-THC and 18 nanograms of Carbocy- THC marijuana metabolites in his system.

McGonigle has not yet been arraigned.