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The most serious custody against the driver who killed the baby in a stroller has been dropped.

A judge granted the motion of prosecutor to drop the involuntary homicide custody against John Miller IV.

The five-month-old baby whose name was Tristan Schulz died when Miller’s SUV plowed into the baby’s mother and the infant’s stroller in Lansdowne, in 2016 Aug. 31.

On Friday Miller’s lawyer contacted to him and declined to comment since charges are pending till now.

A Loudoun County grand jury previously indicted Miller on three counts:

• Involuntary manslaughter,
• Reckless driving, and
• Failure to yield

Therefore, a judge must decide on whether the charges should be dropped or not.

A witness to the overwhelming crash told that Miller was using his cellphone while driving.

However, other witnesses said he was driving normally, besides, cell phone records do not finally verify that Miller was using his cell phone at the same moment he crashed into the baby and mother.

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