Sooter’s mental health will be re-evaluated after six months, his lawyer Matt Fry said. Last year, Sooter suffered two strokes, and he is unable to answer questions or repeat more than four words, Fry said.

The Koutroubis family has a pending civil suit against Bailey, Sooter and a roommate of Sooter’s, John T. Engels, who allegedly provided the keys to the BMW the night of the crash. The suit claims Engels was negligent because he should have known Sooter was an alcoholic, under the influence the night of the crash, and had DWI and drug convictions.