WASHINGTON — The driver whose SUV killed 5-month-old Tristan Schulz in a 2016 crash in Lansdowne, Virginia, will enter a “no contest” plea Tuesday morning to misdemeanor reckless driving and admit guilt to a traffic infraction.
Schulz was killed Aug. 31, 2016, as his mother pushed his stroller across Riverside Parkway at Coton Manor Drive. Mindy Schulz was severely injured but has recovered.
In a “no contest” plea, a defendant neither disputes or admits the crime. If the judge accepts the plea, Miller would be found guilty.
Lawyers for John Miller IV told WTOP their client does not have a plea agreement with Loudoun County prosecutors, which will allow the judge to determine the sentence for the 46-year-old Leesburg resident.
In September, prosecutors dropped the most serious charge against Miller — involuntary manslaughter — when it became clear evidence did not support the charge, which carries a maximum penalty of 10 years behind bars.
Reckless driving is a misdemeanor, which carries a maximum penalty of 12 months in jail and a $2,500 fine. Failure to yield right of way is a traffic infraction, which would result in a fine.
Miller’s attorneys, Steven Webster and Aaron Book, and Loudoun County Commonwealth’s Attorney Jim Plowman have not disclosed what sentences they will seek.
Webster said the defense and prosecution will both ask that a future sentencing date be set for Miller.
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