NASHVILLE, Tenn. (WKRN) – A 42-year-old man is in intensive care this evening with severe head injuries after being hit by a plumbing van.

Police say the van was driven by James Owings when it happened Wednesday night at the Rivergate Mall.

Owings was reportedly driving on the access road near Macy’s when he hit the pedestrian, who landed face down on the pavement.

According to the arrest affidavit, Owings admitted to driving the car that hit the man, who he said stepped out in front of him.

Officers noted in the report Owings was unsteady on his feet, had watery eyes and an odor of an alcoholic beverage about his breath as he spoke.

The affidavit also indicates he had just left Bailey’s Sports Bar where he drank three beers and three shots of Seagram’s liquor within four hours of the crash.

According to an officer at the scene, Owings showed numerous signs of impairment throughout sobriety tasks and refused to consent to a blood test.

He was ultimately charged with vehicular assault, driving under the influence third offense, an open container violation and driving on a suspended license.

Police say the open container violation was because they discovered an open bottle of Twisted Tea, which has 5 percent alcohol content.

Owings remains in the Metro jail on $50,000 bond.

The name of the pedestrian has not been released, pending notification to the next of kin.