Brian K. Midgett of East Hampton, N.Y. was not under the influence of drugs when his pick-up truck veered into coming traffic, killing McLean resident Doug Schneiderman, 51, in July, a new toxicology report shows.
Midgett, 20, has been charged with driving under the influence of drugs, but the Suffolk County District Attorney's office in New York announced Thursday the charge will be dropped.
"...There’s no evidence that there was any drugs or alcohol in his system," said Susan Menu, the attorney representing Midgett. "The DA had subpoenaed his phone records and he was not on the phone at the time of the accident."
Menu clarified Midgett was not speaking on the phone and he wasn't texting.
"He doesn’t know what happened," Menu said. "It's just a terrible, terrible accident."
Robert Clifford, a spokesman for the district attorney's office, said he expects the pending charge in East Hampton Town Justice Court will be dismissed at the next scheduled court date Oct. 4.
"Given the negative results of the toxicology tests and this office’s determination, informed by the analysis of cell phone records, that the defendant had not in fact used his phone prior to or at the moment of the collision, the People will not pursue criminal charges against Mr. Midgett," Clifford said in an email Thursday afternoon.
Midgett was behind the wheel of a pick-up truck that crossed into the opposite lane on Route 114 on July 29, hitting Schneiderman's Volvo SUV head-on at about 12:45 p.m.
Scheiderman was on vacation with his family when he was killed. His wife Elisabeth Schneiderman and daughter Rachel Schneiderman, 16, were hospitalized with serious injuries and released four days later. Douglas Schneiderman was a well-known developer in the area.
Midgett is still recovering from the injuries he sustained in the crash.
"All this time, people assume he was intoxicated by drugs. That's a horrendous thing to have hanging over your head when you live in this town," his attorney said.
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