The case of a Floyd County man accused of driving drunk and causing a crash that seriously injured a five-year-old is going to the grand jury.

Marion Kilburn was recently released from prison before the crash and is now back in jail.

Marion Kilburn was scheduled to appear in court, but his defense attorney waived the hearing.

Kilburn has a list of charges including assault, DUI and driving on a suspended license.

His bond is half a million dollars cash.

“I believe if Mr. Kilburn is free, he's dangerous because he's a chronic alcoholic. He has a propensity to drink and drive, and in this case, he's injured a couple of people very seriously,” Floyd County Attorney Keith Bartley said.

Two weeks ago, Sheriff Deputies say Kilburn was driving on the wrong side of the road on US-23 and crashed head on into a car. A man and his five year old daughter were injured.

Officials say preliminary results show Kilburn's blood alcohol level was double the legal limit.

Kilburn's defense attorney did not want to comment on camera and says Kilburn is not talking either.

He has decades of alcohol related charges and was just released from prison in December.

“Mr. Kilburn has spent the majority of his adult life in a county jail or a state penitentiary and he continues to commit these crimes once he's released and seems to not be able to stop,” Bartley said.

Officials say he each time he was released, he either served all of his time or the parole board released him. Floyd County officers want to keep him in jail this time.

The case is going to the grand jury.
The five year old girl was taken to the UK Medical Center in Lexington.

Officials say she is recovering.