The Leesburg man accused of killing 5-month-old Tristan Schulz while his mother pushed him though a crosswalk in a stroller was charged today, two and a half months after the incident.
John Miller IV, 45, was indicted by a Loudoun grand jury on one count of involuntary manslaughter, one count of reckless driving, and one count of failure to yield to a pedestrian in a crosswalk. If convicted, he could face up to 11 years in prison.
Investigators say, on Aug. 31, Miller drove through the crosswalk at Riverside Parkway and Coton Manor Drive in Lansdowne, crashing into Mindy Schulz and her infant son. Five-month-old Tristan was pronounced dead at the hospital shortly after. Mindy Schulz was injured and released from the hospital after three days of treatment.
Search warrants filed in Loudoun County Circuit Court state that Miller deleted a voicemail before handing his phone over to police. They also include comments from witnesses who said the driver 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.
If convicted of the involuntary manslaughter charge, a felony, Miller could face a penalty of one to 10 years in prison. The reckless driving charge, a misdemeanor, carries with it a penalty of up to 12 months in prison. The third charge, failure to yield to a pedestrian in a crosswalk, carries no jail time.
The grand jury heard evidence from Deputy J. McClintic today before handing up the indictments. The Loudoun County Circuit Court will schedule further proceedings on the indictment Tuesday morning.