alexander burke faces two charges that include negligent homicide but today police testified that burke denied being the driver. andy hershberger joins us live with more. reporter: this hearing lasted for several hours and went through a half dozen witnesses as prosecutors tried to convince a judge that there's enough police say alexander burke was intoxicated when he was behind the wheel of an s.u.v. and ran a red light, crashing into a honda pilot, killing a passenger. but during burke's probable cause hearing police officers testified that burke blamed his passenger, christa glen, saying she was the driver at the time of the deadly crash. >> i asked him again if he knew who was driving, and he pointed to glynn and stated she was. reporter: burke is charged with negligent homicide and aggravated d.w.i. 47-year-old is abell penna was pronounced dead on november 29.