Ali Elmezayen, 45, Hawthorne, California, was accused on Wednesday with two counts of murder and a number of attempts at murder, DA's office said.
Court documents describe the two sons who "suffer [ing] from serious autism". Elmezayen and Diab also have a third son, Elhussein. He "was also diagnosed with autism but worked loudly" and "was away at an overnight camp through his high school" when the family car sank into the water, according to the legal documents.
When questioning after the incident, Elmezayen told the police that he could inadvertently push the accelerator or that he might have gone out because of the medicine he took two days earlier in connection with his medical condition, Thalassemia Minor, according to official testimony cited in the case . (Some patients with this hereditary blood problem causing fatigue are treated with deferasirox, a drug known to cause side effects, but fainting is not common.)
One year later, in May 201
6, Elmezayen and Diab received a lawsuit against the city of Los Angeles and several government units, according to CNN affiliate KCAL TV.
The suit, filed in the Los Angeles Superior Court, sought unspecified damage to allegations of improper death, dangerous property of a public property and negligence, including charges, KCAL TV reported. The trial also made charges against the car manufacturer and an automatic maintenance shop. The court decided on the defendants in October, a later statement by the court noted.
In November 2018, the Elmezay was arrested by the FBI and was charged with four counts of anti-fraud, four bills of wire fraud, a bill of aggravated identity theft (to pose as his wife in talks with the insurance companies) and five bills of money laundering, according to the US law firm in the Central District of California. The district attorney's office claimed that the Elmezay had been aiming to collect income from life insurance that he had purchased on the sons of his wives and sons.
Elmezayen considered having purchased several life and accident insurance policies covering himself, his wife  and their three children in 2012 and 2013 according to grand jury's accusation, which also claims that Elmezayen collected more than $ 260,000 from accidental death insurance he had taken out on the children's life.
"In this case, a calculated and cold-hearted system to benefit from the death of two helpless children," said American lawyer Nick Hanna in a statement. "The alleged behavior shocks conscience, and we will use every tool available for us to make sure justice is done. "
He could face the death penalty if he was sentenced
Currently, the Elmezay is in federal custody of the insurance fraud and his trial is scheduled to begin on September 3 When it is clear that he will be attempted on the murder charges with the special circumstances claims that the crimes were made for financial gain.
If he is convicted, he faces a possible maximum lifestyle in state prison without the possibility of parole or death. whether the death penalty is to be applied for will take place later, according to DA's office.
District Attorney's Office, which JDE an earlier case against Elmezayen in December 2017, would not comment on the new allegations against the defendant.
Diab and the public defenders listed in court documents for Elmezay's case did not respond to CNN's request for comment.
CNN's Joe Sutton contributed to this report.