WASHINGTON — Loudoun County prosecutors plan to drop the involuntary manslaughter charge Tuesday against the driver in the 2016 crash that killed 5-month-old Tristan Schulz.
John Miller IV was indicted last November on charges of involuntary manslaughter, reckless driving and failure to yield right of way to a pedestrian.
WTOP reported Friday that Deputy Commonwealth’s Attorney Sean Morgan filed a motion concluding prosecutors could not prove Miller’s actions showed the reckless disregard of human life needed for an involuntary manslaughter conviction.
Prosecutor Jim Plowman and Miller’s attorney Steven Webster would not comment on whether Miller would plead guilty to lesser charges as part of a plea agreement during a scheduled Tuesday hearing.
Reckless driving is a misdemeanor, which carries a maximum penalty of 12 months in jail and a $2,500 fine.
Failure to yield right of way to a pedestrian is a traffic infraction, which would result in a fine.
Prosecutors allege Miller’s inattention and actions behind the wheel led him to hit Schulz Aug. 31, 2016, as his mother, Mindy, pushed his stroller across Riverside Parkway at Coton Manor Drive. Mindy Schulz was severely injured, but recovered.
At least one witness told prosecutors he saw Miller looking at his phone at the time of the crash.
Miller was indicted before his phone underwent a thorough forensic investigation.
Morgan said additional examination of the phone showed Miller was not actively engaged with his phone at the time of the crash.
Miller’s attorneys have called the crash “a tragic accident.”
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