WAXAHACHIE (CBSDFW.COM) – A 24-year-old from Venus sits in an Ellis County jail, charged with killing a police officer while drunk Saturday night.

Dylyn Richards was charged with intoxication manslaughter causing the death of a police officer Monday, two days after 44-year-old Waxahachie officer Josh Williams was killed in a crash.

Richards is accused of killing Williams as he was headed to a call at a fast food restaurant when he slammed his Chevrolet Suburban into the passenger side of Williams’ patrol car.

In an arrest affidavit obtained by CBSDFW, a Texas State Trooper said he could smell alcohol on Richards as he was being treated at the scene.

Richards reportedly did not have his headlights on when he hit the police car.

A small memorial has sprung up at the scene of the accident for Williams, who was a father of three. Williams’ family spent Monday making funeral arraignments for the officer.

The Texas Alcoholic Beverage Commission says they will look into the case. “TABC is currently conducting a preliminary investigation to determine if alcohol was a factor involved in the accident. If evidence indicates that alcohol was a factor, TABC will conduct a thorough investigation to determine the legitimacy of the source of the alcohol consumption.”

Richards was previously arrested for DWI in 2009.

The Texas State Highway Patrol and the Ellis County District Attorney are continuing to investigate the case. “All available resources are being dedicated to this investigation and the matter will be presented to the Ellis County Grand Jury as soon as is practical,” said Ellis County District Attorney Patrick Wilson.

>>Click here to read the full arrest affidavit<<

Richards’ bond has been set at $250,000.  Richards was previously arrested for DWI in 2009.  According to his family, the previous charge did not result in a wreck or injuries to anyone.