The Calgary man accused of running over and killing a Calgary gas station attendant earlier this month is now facing a charge of second degree murder.

Joshua Cody Mitchell was originally charged with criminal negligence causing death, dangerous driving causing death, as well as theft in an alleged gas and dash on June 7.

He appeared in court on Tuesday, where Crown lawyers presented the upgraded charge of second degree murder in connection with the death of Maryam Rashidi Ashtiani, a 35-year-old mother of one.

He has also been charged with breaching bail conditions, considering he was out on bail for a separate offence at the time the incident took place.

Police say Mitchell was behind the wheel of a truck involved in an incident at the Centex gas station on 16 Avenue N.W. on Sunday June 7.

According to police reports, Mitchell and youth male, who cannot be charged and was not identified, filled the tank of a stolen truck with $113.23 worth of gas and then left without paying.

Ashtiani was working as a gas station attendant at the time the theft occurred and she followed the truck to a neighbouring Home Depot where the mother of one confronted them.

After a brief altercation, police say Mitchell drove off in an attempt to flee the scene, running over Ashtiani in the process.

She died of her injuries in hospital several days later.

Mitchell remains in custody.