HARLINGEN – The Texas Department of Public Safety is investigating a fatal crash that occurred early Sunday morning.

It happened on Ebony Road north of FM 508 in Harlingen around 3:38 a.m.

According to Lt. Johnny Hernandez, a preliminary investigation indicated that an ATV occupied by two people was traveling southbound on Ebony Road. The passenger fell off the ATV and sustained major injuries.

The passenger, identified as Jacob Israel Flores, 28, was transported to Valley Baptist Medical Center.

The driver, Juan Javier Arredondo, 35, of Harlingen, was arrested for intoxication assault.

The charges were upgraded to intoxication manslaughter when Flores died at the hospital.