PAPILLION, Neb. (AP) — The driver of a loaded concrete truck that tipped onto a car near Omaha, killing two people, has been charged with misdemeanor motor vehicle homicide.

Sarpy County Attorney Lee Polikov told the Omaha World-Herald of the decision on Tuesday.

Last month, a judge deemed prosecutors didn’t have enough evidence to charge 21-year-old Austin Holloway, of Fremont, with two felony motor vehicle homicide counts in the Oct. 25 deaths of Michael Dearden and Phillip Hertel.

Holloway was driving the truck in La Vista when he made a sharp right turn, causing it to tip and land on the car carrying Dearden and Hertel. The judge said there was no evidence Holloway was speeding or driving recklessly, but there was evidence that the truck had been overloaded.