That was a judge's ruling today for the man accused of using his pick-up truck as a weapon and running down a man that he argued with in Ralston June 21st.
Dustin Salisbury is now charged with second degree murder and use of a weapon to commit a felony.
In court Wednesday morning, prosecutors laid out a timeline of some key events before the discovery of Jessi Domingo's body in a partially open garage near 82nd and Seymour in Ralston.
Three minutes before 32-year-old Dustin Salisbury called 911 to report he had crashed his pickup truck, Jessi Domingo called family with chilling last words.
"The cousin of the victim indicated he got a call at 4:31 on that same day from Jessi Domingo. On the phone during that call, the victim advised 'it's ok, I'm about to die.' And the phone went dead," said Douglas County Attorney Ryan Lindberg.
"It would be 7 hours before Domingo's body was discovered in the back corner of a garage, close to where Salisbury's overturned truck came to rest.
"That's where they find the body - after hours had passed - they found the body after finding articles of clothing and the victim's cell phone and some other items," said Chief Deputy County Attorney Brenda Beadle.
Prosecutors say a pair of size 9 New Balance sneakers were found in the crash debris. A family member told investigators Domingo was wearing size 9 New Balance sneakers that same morning.
Domingo's cell phone was found by OPPD workers in nearby bushes. It's not clear how it landed there but prosecutors say it ended up in the hands of Salisbury's ex-wife. When officers went to retrieve the cell, they spoke with Salisbury who became agitated.
"He was interviewed briefly and was advised that there was in fact a dead body and Mr. Salisbury became upset and inquired if he was being accused of killing somebody," said Lindberg.
Prosecutors say Salisbury admitted to arguing with the victim that morning.
"As the officers were getting up to leave the residence with contact information, the defendant, Mr. Salisbury, tells the officer that they need to sit down. At that time he advises that he got into an argument that morning at approximately 4:30 a.m. with a short stocky Hispanic male," said Lindberg.
"Mr. Salisbury was getting ready to go fishing and they just crossed paths and got into an argument and the victim was run down," said Beadle.
Salisbury told investigators he was upset about the early morning confrontation. he says he's a military veteran who has served overseas and the incident triggered his PTSD. Salisbury claims he has no recollection of the crash.
Salisbury will next appear in court August 16th at 9 a.m. for a preliminary hearing.