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.

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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.

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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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