A California dad has been charged with vehicular manslaughter one month after his 2-year-old son died in floodwaters, prosecutors said.

The incident unfolded on Sept. 18, when police responded to reports of a car swept away by floodwaters, the Barstow Police Department said. The driver, 26-year-old Brandon Padilla-Aguilera, and his 2-year-old son, Xavier Padilla-Aguilera, managed to escape the car, but they got separated from each other, police said.

Xavier was found dead the next day after an extensive search by emergency responders and volunteers, police said.

Court documents filed on Tuesday charge Padilla-Aguilera with vehicular manslaughter with gross negligence and child abuse under circumstances or conditions likely to cause great bodily injury or death.

The details of the allegations are not clear, but the complaint filed against Padilla-Aguilera alleges he killed his son while driving.

Padilla-Aguilera was arrested at his home in Barstow on Friday. Police said he was arrested for murder, but prosecutors said on Tuesday that they were only pursuing the charges of vehicular manslaughter and child abuse.

His defense attorney denied guilt at his first appearance on Tuesday, according to Los Angeles ABC station KABC. He’s set to return to court next week.