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A toxicology report says a New Mexico passenger shot and killed by a ride-hailing driver had drugs and high levels of alcohol in his system.

KOB-TV reports an autopsy report released Monday showed James Porter had in his system a blood alcohol concentration level of .23 and traces of the drug known as ecstasy.

Court documents show a March 17 fatal shooting in Albuquerque stemmed from “a large amount of vomit” in an Uber vehicle.

Police say a driver Clayton Benedict shot and killed 27-year-old Porter along Interstate 25 following an argument. Benedict has not been charged and has declined to comment.

District Attorney’s Office spokesman Michael Patrick says a charging decision may come in the next few weeks.

In April, Porter’s family filed a lawsuit against Uber and Benedict.

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Information from: KOB-TV, http://www.kob.com