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A man who investigators thought was a passenger actually was the driver of the car that caused a fatal crash on East Washington Avenue on Aug. 8, Madison police said.

Police spokesman Joel DeSpain said police are recommending that Jason A. Natcone, 44, of Oregon, be charged with homicide by intoxicated use of a motor vehicle and hit-and-run involving death.

Antoine K. Tempel, 32, of Madison, was arrested after the crash on tentative charges of homicide by intoxicated use of a motor vehicle, hit-and-run causing death, third offense OWI and operating while revoked.

Tempel denied being the BMW driver, but investigators determined he was the driver, police said at the time.

However, further investigation concluded that Tempel was a passenger in the BMW and tentative charges against him have been dropped, DeSpain said.

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Natcone is in the Dane County Jail for a suspected violation of his state Department of Corrections supervision. According to DOC records, he was last released from prison on extended supervision in March 2018 after serving a sentence for his seventh drunken driving conviction.

The crash happened shortly after 1 a.m. on Aug. 8 on eastbound East Washington Avenue just short of the Yahara River bridge. Witnesses said a BMW convertible was traveling an estimated 80 to 100 mph when it rear-ended a Chevrolet HHR that was driving the speed limit in the middle lane of East Washington, police said.

Frederick Majer, 71, of Chicago, who was driving the compact SUV, was killed in the crash, while his 69-year-old wife was not seriously injured.

Three occupants of the BMW fled on foot after the crash, but Tempel and a female passenger returned “many minutes” later, DeSpain said in a statement at the time.

Tempel suffered a broken shoulder and cuts, while the female passenger suffered minor injuries. The third occupant did not return.

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