AUBURN, N.Y. (WHAM) – A Wayne County man who sheriff’s deputies say was behind the wheel in a fatal crash in Cayuga County is facing new charges.

Heriberto Perez-Velasquez is now facing an aggravated vehicular homicide charge following the release of toxicology tests, according to the Cayuga County District Attorney’s Office.

The Wayne County District Attorney's Office said Perez-Velasquez’s BAC was found to be .21 percent.

Perez-Velasquez is now also facing charges of leaving the scene of a fatal accident and aggravated DWI.

The aggravated vehicular homicide charge carries a sentence, if he is convicted, of 8 1/3 to 25 years in prison. He appeared in court on Monday night.

13WHAM has also learned Perez-Velasquez was once deported in 2007.

Monday afternoon, Perez-Velasquez – an undocumented immigrant – was taken to Federal Court in Rochester and was arraigned on one count of illegal reentry to the United States. He remains in custody.

Cayuga County Sheriff’s deputies say Perez-Velasquez rear-ended a compact tractor driven by Mark Knapp of Weedsport on Nov. 10. Knapp died from his injuries.

Perez-Velasquez had been arrested by State Police in October on a DWI charge. He was reportedly released on appearance tickets after that arrest.

The district attorney’s office says the investigation is ongoing. Anyone with information is asked to call the Cayuga County Sheriff’s Office.