By Jim Melwert

BUCKS COUNTY, Pa. (CBS) – New charges of DUI have been filed against a 28-year-old man who is accused of killing his 2-year-old son in a car crash after getting caught stealing from a Bucks County Walmart, last month.

Prosecutors say toxicology reports show Oxycontin and marijuana were in the man’s system at the time of the crash.

Christopher Kuhn appeared to sob as the injuries that killed his 2-year-old son were described at his preliminary hearing.

“It’s a show, it’s an act. Maybe he feels some remorse, I don’t know,” said Bucks County Prosecutor Robert James. “He didn’t show any remorse at the scene.”

James successfully argued that Kuhn should be tried on third degree murder and other charges.

“Taking a kid to a retail theft, all the things before, during, and after the actual crash itself, add a depth of malice in this case,” said James.

According to preliminary hearing testimony, Kuhn was spotted at the Tullytown Walmart trying to steal a $200 speaker.

Witnesses say they saw him put his 2-year-old son in the car, but he didn’t strap him in his car seat. They say he ran a red light on Route 13, and the car flipped over.

With his son, lying, bleeding on the road, a witness says Kuhn cursed three times, and then ran off without checking on his son.

Kuhn’s formal arraignment is set for Dec. 15 in Doylestown.


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