A man accused in a brutal New Year's Eve beating could be facing more serious charges now that the victim has died.

Police say Curtis Flora beat James Wallace in Jessamine County and then drove him to Lexington. Wallace went to UK Hospital where he died from his injuries on Wednesday.

Flora says he was driving with Wallace on Vince Road when he says Wallace threatened him and his son.

"Him making a comment to a nine-year-old-boy, it just went through me. I got out, walked around the car, opened the door, and hit him five, no more than six times," Flora said during a Jailhouse interview on Tuesday.

Flora dropped Wallace off at a home in Lexington, then Wallace was rushed to UK Hospital. Flora says Wallace was alert the last time he saw him.

"He talked to me probably five to eight minutes," Flora said.

But on Wednesday the hospital notified police that James Wallace had died.

"We originally charged him with assault first but since the victim has passed the circumstances have changed," said Chief Deputy Allen Peel with the Jessamine County Sheriff's Department.

"It's up to the court, they have to amend the charges but they have been notified," Peel said.

The decision to change those charges could come on Monday when Flora has his preliminary hearing in Jessamine District Court.

"I'm upset that I hurt him this bad, as bad as they say, he shouldn't be hurt," Flora said.