McCabe is free after posting $50,000 bond after his arrest in the town.
Thursday he was arraigned by Judge William Boller on six charges, some of which include manslaughter in the second degree, aggravated vehicular manslaughter and endangering the welfare of a child.
Thursday prosecutors asked McCabe be remanded but the judge decided against that.
Kevin McCabe, accused of driving while using meth, getting into a car accident and killing his son was arraigned today @WKBW
— Desiree Wiley (@DesireeWiley) May 19, 2016
When the prosecution told the judge McCabe was high on meth during the time of the crash and that he applied for a passport after his indictment, things got heated.
"I'm telling you sir your restricted you're not to go to Canada you understand," said Judge Boller. "Because if you try to flee, these are serious charges."
McCabe interjected and said he wasn't going anywhere and the judge said, "Darn right you're not going anywhere."
McCabe's attorney Scott Riordan argues his client isn't a flight risk.
"This is a person who works full-time. He has ties to the community. His father is here today. He's made every court appearance. He has no criminal history whatsoever," said Riordan.
McCabe is forced to turn in his passport and wear an ankle tracking bracelet.
Hearings are set to begin July 14th.