When a Evarts man appeared in Harlan Circuit Court on Thursday for a pre-trial conference in an assault case, he was served with a new indictment with a charge that included wanton murder.

Phillip Osborne, 28, has a new indictment stemming from a car crash in 2007 that claimed the life of his passenger and injured another person.

Police said the two-vehicle crash on KY 38 at Coxton resulted in the death of 16-year-old Dustin Middleton.

Kentucky State Police Sgt. Rob Farley originally charged Osborne with operating a motor vehicle under the influence and two counts of first-degree assault following his investigation into the crash. The case has since been presented to a Harlan County Grand Jury, which resulted in the new charges of wanton murder and first-degree assault. The indictment alleges that Osborne was operating the motor vehicle under the influence of alcohol when the crash occurred.

According to the police report, Farley said Osborne was traveling east on KY 38 in a 1997 Pontiac Grand Am when he crossed the center line, overcorrected and lost control of the vehicle, causing it to rotate and strike the front end of Connie Peace’s vehicle. Osborne’s vehicle then overturned upon impact. Peace, then 47, of Evarts, was traveling west on KY 38 in a 1999 Chevrolet Cavalier.

Farley said Middleton was a passenger in Osborne’s vehicle, and he was partially ejected. Also a passenger in Osborne’s vehicle was Shannon King, then 22, of Harlan.

The Harlan County Rescue Squad was summoned to assist at the scene after it was believed that several people were trapped inside. Emergency personnel were able to remove the injured without the assistance of mechanical means.

Farley said Middleton sustained severe injuries. He was taken to Harlan ARH Hospital, where he was later airlifted to the University of Kentucky Medical Center in Lexington, where he later died.

Farley said Osborne and Peace were admitted to Harlan ARH Hospital after receiving multiple injuries. King was treated at Harlan ARH for minor injuries.

Osborne was granted a $50,000 surety bond.