The mother who was pushing her son in a stroller when they were struck by a SUV, killing the 5-month-old baby, on Sept. 1 in Landsdowne, Virginia, was released from the hospital.
Mindy Schultz and her son, Tristan, were in a crosswalk on Riverside Parkway after dropping another child off at school when they were hit just after 8:15 a.m., a Loudoun County Sheriff's Department spokesman said.
Mindy Schultz was released from the hospital on Friday, Sept. 2.
A teenager, who was driving behind the Jeep SUV, told police he could see the driver was "holding a phone in his left hand, as if he was watching or reading something," the documents said.
The witness also said the Jeep was tailgating the vehicle in front of him, and it appeared the driver was trying to get ahead of the mother with the stroller, speeding up fast as if to go in front of her. As Mindy Schultz crossed with Tristan, the "walk" sign was illuminated, according to the witness.
After the SUV struck the mother and child, the witness said the driver pulled onto a grassy shoulder area and crouched next to his vehicle.
When police arrived to the scene, the driver's lawyer was there and told investigators the driver would not provide a statement.
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Police obtained a search warrant for the driver's two cellphones after the driver and his attorney refused to hand them over, the search warrant stated.
News4 has learned the driver has hired a lawyer who is not the same attorney who met him at the scene. The lawyer declined to comment.
Law enforcement sources told News4 authorities will likely make a decision regarding charges sometime this week.
