Murder is a charge rarely used in drunk driving crashes. But 30-year-old Anthony Saccone faces three counts of second degree murder after a wreck that took the lives of three people.

Court documents claim the suspect was traveling 86 miles per hour when he went through a red light and struck the other vehicle. The prosecution will likely base its case for the second degree murder charges on 'depraved indifference.'

After Saccone was charged Monday, his lawyer, William Sullivan, said "My client is still presumed innocent. I think the Murder 2 charge ... I'm going to have to take a good look at that."

Tully Rinckey partner Donald Kelly says depraved indifference can be extremely hard to prove.

"That's what essentially has to be proved in this case, is that the behavior was so out of sorts and so ... destructive it lacked ... no regard for human life whatsoever," Kelly said.

Onondaga County District Attorney Bill Fitzpatrick says it's "very rare in vehicular homicide cases," but says there's been precedent set.

"It's been done successfully certainly in Nassau County," Fitzpatrick said. "It's been done successfully in Albany County, and those are only two that I'm aware of, but I'm sure there are more."

"Now obviously, the actor in this case had no idea that this other vehicle was approaching the intersection, so you can't say that he intentionally hit the vehicle," Kelly said. "But you can say that he didn't care ... that he acted so recklessly and he didn't care of whether or not any vehicle was approaching."

In addition to the three murder counts, Saccone is also charged with aggravated vehicular homicide. Saccone is also charged with leaving the scene of a fatal crash.