There will not be a jury trial in the case against the driver charged with killing a Lansdowne infant who was being pushed through a crosswalk in a stroller last year. There may not be a trial at all.
Earlier this month, a Loudoun Circuit Court judge approved prosecutors’ request to drop an involuntary manslaughter charge against the driver, John Miller. Commonwealth’s Attorney Jim Plowman said that while investigators initially believed Miller was distracted by his phone when he struck and killed 5-month-old Tristan Schulz, forensic studies turned up no evidence to support that theory.
Miller still faces charges of reckless driving and failure to yield to pedestrians—both misdemeanors.
A 10-day jury trial was scheduled to start Oct. 10, but Miller’s attorneys this week removed that from the docket and indicated he will enter pleas to the remaining charges.
The reckless driving charge carries a maximum sentence of 12 months in jail and a fine of $2,500. A failure to yield conviction would result in a fine between $100 and $500.
Plowman said there is no plea agreement in place. That would leave it to the judge to set the penalties.