A man accused in a deadly crash wants the charges of vehicular homicide filed against him tossed.

Defendant Shawn Camacho Damian appeared before Judge Vernon Perez in Superior Court. 

Defense argued prosecutors failed to present evidence to the grand jury that the victim was drunk while riding his bike along Route 16 in Barrigada when the crash occurred. 

This happened in February of last year. 

The crash resulted in the death of 42-year-old Jeffry Ignacio.

Damian is scheduled to appear back in court on Aug. 13 when parties will argue the motion to dismiss.