LODI (CBS13) — Lodi Police announced on Monday they were treating Tuesday’s accident that killed six members of a family as a homicide.

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Ryan Morales, 28, the man accused of causing the accident, has still not been charged, because he’s in critical condition at the hospital.

“He is being monitored by an on-duty police officer around the clock,” Lodi Police Chief Mark Helms said. “It’s our information that Mr. Morales won’t be released from the hospital anytime soon.”

READ: Lodi Police Chief comments on Lodi car crash.

Morales could potentially face second-degree murder charges as police say he was drinking before the crash, and was possibly on the phone when he sped through this intersection.

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“In my view, it was the heinous act of one person that resulted in six senseless deaths,” Helms said.

Tuesday’s crash killed Luis Miranda, his pregnant wife Viviana, and their three children. One of their children survived the crash and is recovering from multiple broken bones and a punctured kidney.

According to court documents, Morales’ relatives told officers he shared a bottle of alcohol 90 minutes before the crash. Investigators found several empty bottles in the trash near his trailer.

Morales was released from prison last month after serving time for speeding away from Bay Area police officers.

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The California Highway Patrol is helping to reconstruct the six-car accident, but it will likely take months to complete the investigation.