Officer Nicholas Batka has been arrested for manslaughter after he killed a 21-year old man who was walking home. NY Daily News reported Andrew Esquivel, MIT student, was walking home when he was fatally struck by Batka’s SUV that ran up on the sidewalk 3 a.m. Sunday in Brooklyn NY.

Batka refused a Breathakyzer test at the scene according to reports. He has a history of drinking.

Esquivele was going to start an internship for a mobile marketing firm.