A man involved in a deadly crash that killed a Mobile man in September 2022 has been indicted on a manslaughter charge after prosecutors initially said he wouldn't face charges.

Aubrey Pate, 23, of Wilmer, was the driver of a vehicle that hit the vehicle of Victor Birch head-on on Rangeline Road. Prosecutors believe Pate was under the influence of marijuana when he sped across the median and hit the vehicle Birch was driving.

Birch, 61, was a beloved runner in the Mobile area, and his friends and family have been asking for answers since the crash. His eldest brother, Erich Birch, told 1819 News that although he was thankful justice could be served, the news doesn't bring his brother back.

"It's a melancholy mood that I'm in today," said Erich Birch. "We got the news, which is very good. We are very happy that justice will be done, but none of us want anything bad to happen to anybody, but it was just a mistake that was made."

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The Mobile County District Attorney's Office told 1819 News in March that there was not enough evidence for a grand jury to indict. However, they said if new evidence is found, they could reopen the case at a later date. Now that that later date is here, Erich Birch said he hopes to find out more details about what happened leading up to the crash.

"The fact that he was not indicted and was not having to answer for what he did was very hard to take," he added. "So, what I'm saying is that we're happy about this. It's just a huge sigh of relief that something is going to be done. But nothing done is going to bring Victor back."

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