The man believed to be the driver who ran into a mother and child in a crosswalk, killing the baby, apparently deleted a voicemail before handing his phone over to police, according to a search warrant filed in Loudoun County Circuit Court.
Mindy Schulz, pushing baby Tristan, was reportedly crossing Riverside Parkway at Coton Manor Drive in the crosswalk just after 8 a.m. Aug. 31. The driver of a 2011 Jeep Grand Cherokee, turning left onto Riverside Parkway, hit the mother and child. Tristan was later pronounced dead at Inova Loudoun Hospital, and Schulz was released from the hospital after three days of treatment, according to police reports.
An affidavit in the case identified the driver as John Miller, a 45-year-old Leesburg resident.
The warrant, targeting the content of two of Miller’s cell phones, stated that “a computer forensics examiner confirmed that electronic evidence of a deleted voicemail was located on the [Samsung] cell phone with a time stamp closely coinciding with a 911 call.”
It is unclear if the voicemail was deleted before or after the call to 911.
A witness told investigators that Miller was looking at his cell phone and made a “last second” left turn from Coton Manor Drive onto Riverside Parkway, and that the white walk symbol was illuminated.
The witness also said he saw the driver holding a phone in his left hand as if he was watching or reading something, according to the affidavit.
The witness said the Jeep was tailgating the car in front of him. “The juvenile witness stated that it appeared as if the Jeep was trying to beat her as if to go in front of the female with the stroller, and that the Jeep sped up fast,” the document reads.