DOVER, NH (AP) — A New Hampshire man who told police he had been drinking has been charged hit and run accident that killed the commander of the state’s Air National Guard, authorities said.

Paul Clement, 81, of Rochester, was indicted Oct. 17 by a Strafford County grand jury on charges of negligent homicide and conduct after an accident resulting in death or injury. He remains free on personal recognizance and is scheduled to be arraigned on Nov. 5.

A phone message seeking comment was left Monday for his attorney, Andrew Cotrupi.

Brig. Gen. John Pogorek was securing a load to his trailer on the side of the road in Rochester on July 8 when he was struck by an SUV that continued without stopping, police said. Investigators later located the vehicle and Clement. He was arrested in August on charges of conduct and he told cops in court documents that he had been drinking beforehand, Foster’s Daily Democrat reported.

Pogorek, 57, graduated from the U.S. Air Force Academy in 1989 and joined the New Hampshire Air National Guard in 1999. He was appointed commander in 2022, serving as a senior adviser to Gov. Chris Sununu and the state’s adjutant general and overseeing all operations. at Pease Air National Guard Base.