Ocean County prosecutors say Cohen, 25, died from head and torso injuries on July 25, 2009 in Seaside Heights, N.J., after she was struck by a car driven by Toms River, N.J., man Daniel Bark.
At the time, prosecutors say Bark, 24, was fleeing from police following an earlier car accident. He was arrested the next day and later charged with drunken driving.
On Thursday, a grand jury handed up a four-count indictment charging Bark with aggravated manslaughter, death by auto, eluding police and knowingly leaving the scene of an accident that resulted in a death, according to the newspaper. He remains jailed on $150,000 bail.
Cohen, who auditioned for Seasons 7 and 8, is best remembered for famously flipping off judge Simon Cowell and for her angry rejection rant, which later went viral.