The driver of a car that crashed into a bus shelter in Waipahu last year killing one elderly woman and injuring another was intoxicated when he mistakenly stepped on the accelerator instead of the brake pedal, said Vicky Kapp, deputy city prosecutor.

An Oahu grand jury returned an indictment Wednesday charging Richtenson Alyphios with first-degree negligent homicide and leaving the scene of an accident involving death and injury. His bail is $25,000.

Alyphios, 42, of Waipahu, has also had a warrant for his arrest since April for failing to pay nearly $1,500 in penalties for a May 2010 DUI.

Kapp said that after the August 2010 fatal crash, a breathalyzer measured Alyphios’s blood alcohol content at 0.05. The legal threshold for drunk driving is 0.08