5/9 UPDATE: A judge granted Peter Teneyck $25,000 bond Friday, according to the Commonwealth's Attorney's office.

The following conditions were also set:

-Defendant is to leave the jail and go right to Portsmouth Naval where he will be transferred to a military institution.
-He must notify the court once he's transferred.
-He would only leave the military base for necessary medical care (at Duke) or to meet with his attorney.
-He can only be transported by the military or his mom, dad or sister.
-He cannot drive
-He cannot use any alcohol or illegal drugs
-He will have a scram device.

His preliminary hearing is scheduled for June 12 in General District Court, Criminal Courtroom #1, spokeswoman Kristi Hopkins told

VIRGINIA BEACH -- Police said 29-year-old Peter Teneyck was driving under the influence Sunday night when he hit Jim Miller, Jr. near 17th Street and Pacific Avenue.

'I heard a thud, some brakes, and a friend came back to me and let me know that Jim had been hurt,' said Miller's fiancee, Nickol Mitchell.

Mitchell stayed on one side of Pacific Avenue as 50-year-old Miller and their friend ran to 7-Eleven to buy food.

'What this man did to my lover, my best friend, it's unacceptable,' Mitchell told 13News Now.

'To look at him, to see this damage this man had done to him, and to know that he was in pain, because you could tell. His eyes had blood in them. His legs were broken,' she described. 'It broke my heart, and next thing you know, they told me he was gone, and it's devastating.'

'My brother had a heart of gold. There's nothing he wouldn't have done for someone. He was homeless, and he had no money, but if he had a dollar and somebody needed it, he would have given it to them,' said Bonnie Miller DeMoss by telephone Wednesday.

The night Miller was hurt, hospital staff contacted her in Florida for permission to perform emergency surgery.

'This man decided to drink and not, he took my brother's life,' said DeMoss. 'What I want everyone to take away from this is don't drink and drive. If you're gonna drink, don't drive.'

DeMoss and Mitchell found out after Teneyck's arrest he had DUIconvictions in other states. Court records show in this case, his blood alcohol content was more than 3 times the legal limit.

'He should have never been behind a wheel after the first DUI, so that he was continuing down this path, you know, it was just a matter of time for him to have done this to someone,' Mitchell said. 'What he did to Jim was wrong. Jim deserved better, you know. Jim was a beautiful guy, and to know him was to love him.'

'He didn't just affect our family. He affected his own family, as well, and he ruined his own life. He just had a lung transplant, and he made such a stupid choice,' DeMoss offered. 'I forgive him, but I'm still so upset that he made the choice he made.'

Besides a charge of DUI 2ND Offense, Teneyck faces a charge of Involuntary Manslaughter as a Result of DUI.

Late Wednesday, he was in jail with no bond set.

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