The man who hit a mother and a baby with his SUV last year, killing the baby, plans to plead guilty to two lesser charges after an involuntary manslaughter charge was dropped.
John Miller IV is expected to plead guilty to charges of reckless driving and failure to yield in the crash that killed 5-month-old Tristan Schulz in Lansdowne, Virginia, on Aug. 31, 2016.
Miller could serve up to a year in jail for the crime.
Earlier this month, a judge dropped the involuntary manslaughter charge.
Tristan Schulz died after Miller's SUV plowed into the infant's mother, Mindy Schulz, and the baby's stroller. Miller was turning onto Riverside Parkway, and the mother and child were in the crosswalk.
A witness to the devastating crash said Miller was using his cellphone. But other witnesses said he was driving normally, and cellphone records do not definitively prove that Miller was using his phone at the moment he crashed into the mother and infant, court records show.
Prosecutors said they can't prove involuntary manslaughter beyond a reasonable doubt.
A Loudoun County grand jury previously indicted Miller on three counts: Involuntary manslaughter, reckless driving and failure to yield.
Miller is set to appear in court on Oct. 10. A judge will have to accept his guilty plea.