ST. LOUIS (AP) – A passenger in a stolen SUV that crashed while fleeing from St. Louis police is charged with murder in the driver’s death.

The driver, 21-year-old Davion Henderson, was fatally shot by police Monday. But the circuit attorney’s office on Tuesday charged 23-year-old Javonn Nettles with second-degree murder, alleging that as a participant in the theft of the SUV he bears legal responsibility in Henderson’s death. Nettles is jailed on $1 million cash-only bond.

Officers were following the stolen SUV that sped away, crashed and overturned Monday. Police say that as officers approached the overturned vehicle, Henderson pointed a gun at police and was shot by an officer. The officer who fired the fatal shots is white. The suspects were black.

Police say two guns were recovered from the site.