Charged filed against Brian K. Midgett, of East Hampton, in connection with a July fatal accident could be dismissed as early as next week, according to his attorney Susan Menu.
Menu said on Thursday that the toxicology reports and phone records the Suffolk County District Attorney's office was waiting for to come back before proceeding with Midgett's arraignment have come back clean.
"I’m assuming that the desk appearance will be dismissed because there’s no evidence that there was any drugs or alcohol in his system. The DA had subpoenaed his phone records and he was not on the phone at the time of the accident," Menu said.
She clarified that he was not speaking on the phone and he wasn't texting.
The DA's office did not immediately respond for comment.
"He doesn’t know what happened," Menu said. "It's just a terrible, terrible accident."
Midgett was behind the wheel of a pick-up truck that crossed into the opposite lane on Route 114 on July 29, hitting a Volvo SUV head-on at about 12:45 p.m.
On vacation with his family, Douglas Foster Schneiderman, 51, of McLean, VA, was killed. His wife Elisabeth Schneiderman and 16-year-old daughter Rachel Schneiderman were hospitalized with serious injuries and released four days later. Douglas Schneiderman was a well-known developer in the Washington, DC area.
East Hampton Town police filed a charge of driving under the influence of drugs against Midgett, 20, though his attorney maintained there was no evidence against him. A desk appearance ticket — similar to a ticket drivers receive for a traffic violation — was issued on the day of the crash for Midgett to appear on a DUI charge for arraignment on Aug. 23.
Menu requested, and the DA's office complied, to have the arraignment postponed until a toxicology report and the phone records came back. Midgett's blood alcohol had been drawn on the day of the accident and immediately showed no signs of alcohol, Menu said. The DA's office confirmed then that Vehicular Crimes Unit was still investigating the case.
He has not been formally charged with a crime so far, as his arraignment was adjourned until Oct. 4.
Menu said she will appear before the judge that day and ask the charges be dismissed. "I assume it's over," she said.
"It seems premature — that the police department says this was a procedural matter — to issue a ticket," she said.
"What was the rush here?," Menu said. "Where would he have gone? He was in critical condition in Stony Brook."
Midgett has since been released and 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."