The driver of a trolley that ran over and killed a 76-year-old pedestrian in Kakaako last November is charged with negligent homicide.

City prosecutors filed papers in state court Monday charging David Kmetz, 52, with first-degree negligent homicide for allegedly causing the Nov. 15 death of Ernest Urata by operating a vehicle in a negligent manner while under the influence of drugs or alcohol. Prosecutors also brought the first-degree negligent homicide charge because Urata was a pedestrian in a crosswalk.

State lawmakers added the “vulnerable user” provision to the first-degree negligent homicide statute in 2012 to protect pedestrians, cyclist, and others who legally use the right of way.

The charge against Kmetz is a class B felony punishable by up to 10 years in prison.

Honolulu police said Kmetz’s blood alcohol concentration was 0.182. The legal threshold for drunken driving is 0.08 BAC.

Honolulu police said Urata was in a crosswalk on Auahi Street when the Oli Oli Trolley Kmetz was operating struck and ran over him. They said Kmetz told them he had a shot of vodka 15 minutes earlier. Police said they also found a half-full bottle of vodka in Kmetz’s front pants pocket.