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Police say Samuel Ovie Abutoh, 59, intentionally rammed the restaurant multiple times May 4, striking three people.
Andrew Sheren died from his injuries two weeks later.
Abutoh has been charged with second-degree murder.
The 59-year-old man who rammed his sport-utility vehicle into a Virginia restaurant last month has been charged with murder after a man he struck died, Fairfax County police said.
Samuel Ovie Abutoh of Springfield was initially charged with malicious wounding, but that charged was upgraded to second-degree murder after 74-year-old Andrew Sheren of McLean died, police said Wednesday.
Abutoh intentionally drove into the Silver Diner on Fletcher Street multiple times on May 4, striking Sheren, who was trying to enter the diner, police said.
Abutoh then poured liquid on his body and lit himself on fire, police said. He then rammed the restaurant again, pinning two other people against the building. The Hummer burst into flames and created a pillar of smoke that was visible through much of Tysons Corner, raw video obtained by NBC Washington shows.
Sheren died from his injuries two weeks later.
According to search warrants, police seized plastic bottles, liquid samples, burned debris and floor mats from the Hummer.
Abutoh has also been charged with felony destruction of property, arson: burning or destroying an occupied public building, and arson: burning or destroying personal property, police said.
A restaurant spokeswoman said Abutoh had been a cook there but was on bereavement leave.