RUTLAND, Vt. -
A teary eyed Alex Spanos, 24 walked into Rutland, Vermont courtroom Thursday.
As his attorney consoled him, he was arraigned for a second time on the 2012 fatal accident that killed Carly Ferro.
"Mr. Spanos' would continue to enter his plea of not guilty your honor," said defense attorney Mary Kay Lanthier.
Last September prosecutors charged him with manslaughter, which carries a 15 year max sentence.
Now that charge has been upped and he's facing second degree murder that carries a life sentence.
New court documents released Thursday show a passenger in Spanos' car claimed Spanos inhaled "dust off" right before he crashed.
In the moments leading up to the accident he said Spanos slumped toward the wheel and accelerated toward Rutland Discount Foods.
Outside the store, prosecutors say Spanos crashed his car, killing Ferro and injuring her dad.
Rutland County State's Attorney Marc Brierre wouldn't say what piece of evidence increased the charge.
"I'm not going to make any comments. We filed the charges based upon the evidence," said Brierre.
Spanos' family kept quiet as they left.
"Anything you'd like to say Mr. Spanos?" said FOX44/ABC22.
Ferro supporters were also in the courtroom and quickly left after the brief arraignment without saying anything.
We asked Brierre if Ferro's family was happy with the new charge.
But he wouldn't say.
"I don't want to comment about anything else other than what I said in court," said Brierre.
Spanos will be back in court next week.
He was being held in jail for not posting money but that's not an option now as the judge ordered him held without any bail.
