South Dakota Attorney General Jason Ravnsborg’s chances of getting a promotion to colonel in the Army Reserves may in peril because of the criminal charges he faces for killing a man with his car. Earlier this month Ravnsborg was crowing about being on the promotion like, in his words, “other great Americans.” But Lt. Col. Simon B. Flake told The Daily Beast that the military is monitoring the criminal case. Ravnsborg killed Joe Boever near Highmore on Sept. 12, allegedly smashing into him while driving at night and looking at his phone—and Boever’s family is pushing to have any promotion derailed.

“Army Reserve leadership is aware of the tragic incident allegedly involving LTC Jason Ravnsborg and is following applicable Army regulations and policies,” Flake said. “Soldiers pending investigation by civilian law enforcement authorities and/or civilian criminal proceedings may still be eligible for selection for promotion, but the Army Reserve retains discretion regarding actual promotion. In this case, relevant Army Reserve leaders will monitor the ongoing civilian proceedings and make further decisions at the appropriate time.”