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DA: Case Will Be Dismissed Against Driver in Fatal Crash

No alcohol or "active drugs" in Brian Midgett's system, but trace amounts of marijuana and empty Hydrocodone bottle found, DA says.

A charge of driving under the influence of drugs in the East Hampton accident that killed a Virginia man will be dismissed against Brian K. Midgett, according to the Suffolk County District Attorney's office.

Midgett's attorney, Susan Menu, said on Thursday that the toxicology reports showed no drugs or alcohol in his system and cellphone records proved he was not talking or texting on his cellphone at the time of the crash.

Following her announcement, DA spokesman Robert Clifford said he expects the pending charge in East Hampton Town Justice Court to be dismissed at the next scheduled court date on 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.

He confirmed that Midgett's toxicology results were negative for ethanol (alcohol) and for the presence of "active drugs" in his system at the time of the crash. "The test did reveal a THC metabolite that would be consistent with marijuana use approximately two days before the crash," Clifford said.

Midgett was driving a pick-up truck that crossed into the opposite lane on Route 114 on the afternoon of July 29, hitting a Volvo SUV head-on. 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.

Clifford confirmed that an empty Hydrocodone bottle was found in his pick-up truck. "Police appear to have had reasonable cause to believe that Mr. Midgett was driving while ability was impaired," prompting them to levy the charge, Clifford said, adding police also noted observations "with respect to his physical appearance."

"The lack of corroborating evidence however will not allow the People to meet our legal burden to prove this case," he explained.

Menu said the DA's office did a good job of investigating the case, but that the police acted prematurely. "Whatever is in my car is a little irrelevant," she said. "If there's an empty bottle of something, that's not illegal."

East Hampton Town police filed a charge of driving under the influence of drugs against Midgett and 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.

The arraignment was postponed as the Vehicular Crimes Unit was still investigating.

jodi jarvis September 27, 2012 at 08:23 PM
Now maybe people will stop with all their gossip and negative comments and both families can move on and heal from this.
Megan September 28, 2012 at 05:37 PM
This whole situation pisses me right off, from the beginning. There was NO reason to ASSUME (and we all know what that means) that he was ability impaired at noon on a Sunday. No alcohol odor involved? Then what made them think it might be a cause? Why issue an appearance ticket with NO evidence? Because of "observations with respect to his physical appearance"?? what does that mean? Because he is a kid with an older truck? He had just had a head on collision, did he appear a little out of it? ya think? And to have this hanging over the kid's head for two months, ruining his reputation, for what? to then dismiss any pending charges? I think this kid has a very valid claim for harassment/false prosecution/libel. AND now, in this article, information that he MAY have smoked pot TWO DAYS before the accident?? Why do we need to know that? What does that have to do with the accident? Or is it another attempt to ruin him? I hope your lawyer does right by you, Brian. You deserve a lot more than an apology.
local Business owner October 01, 2012 at 12:31 AM
Megan is right. Cops are reckless
todd October 01, 2012 at 01:52 AM
The driver inexplicably crosses into incoming traffic. There is an empty bottle of narcotic painkillers on the floor. Not a giant leap to make a connection. Do we know if the painkillers were prescribed to the driver?
local Business owner October 01, 2012 at 02:02 AM
Todd is right as well. There was an anonymous person on a related thread who must have been related to the accused bc they swore on his innocence and it just being a terrible accident
Brian Midgett October 09, 2012 at 06:14 PM
Listen, do you give up? i was found NOT GUILTY of anything. my system is CLEAN. give it up asshole. you have dont nothing but put me down this whole time. like i have nothing better to do then read your negitive comments. screw yourself.
Brian Midgett October 09, 2012 at 07:51 PM
Do people not have anything better to do? do you not think both familys have enough problems to deal with? Everybody wants to come on here and bash me for what reason? are you the police? what have i done to any of you that you have to come on here and SWEAR to yourself i was doing something wrong. YES there was a pill bottle in the truck. WITH MY NAME ON IT. yes it was EMPTY, from weeks prior. i had no drugs in my system. no liquor. NO NOTHING. i had weed from 2 days before. what does that have to do with ANYTHING? My phone records were clean. everythihng was clean! it was an accident. the worse accident i have ever had to deal with i my entire live. i will never get over it. i will never think its going to be ok. i feel horrible about it. nothing i can say or do will ever take away what happened. I have to live with that for the rest of my life. i guess it makes people sleep better at night trying to make someone feel worse then they already do. shame on everybody who claimed they knew what i was doing. karma will catch up with each and everyone of you.
Thank you October 29, 2012 at 10:55 AM
ok, I had to post. for someone who was accused of dui in which killed someone, Brian is sure not taking 100% precautions of preventing something like this again. I have seen him multiple times purchasing alcohol since. While there are people on here that swear he was clean at the time of the accident, clearly he has a problem with substances. Maybe, just maybe, he was clean at the time of the accident. But considering his continuing actions of buying alcohol and partying, I am finding it hard to believe he is sorry and making sure something like this doesn't happen again.
Walter Noller October 29, 2012 at 12:09 PM
Hey!, "Thank You"... Why not post your real name instead of hiding behind an alias! While I don't know Brian, I find people (like you) who are quick to judge a person, yet won't say who they are, the problem. Last time I looked, it's perfectly legal to purchase liquor or anything else sold in any store, for that matter. Your posting not only borders on defamation of character, but stalking. After all, you have no idea why there was a purchase, nor who it was purchased for and your sneaking around watching what others are doing is rather unnerving. If you're willing to say it, you should be willing to also say who you are. This is the one problem with social media such as Patch. It allows such irresponsible behavior.
anonymous November 11, 2012 at 02:39 PM
WHO ARE YOU!!! first of all he wasn't accused of anything, it's called probable cause which was dismissed. are you stalking him as well? strange you know his business brian has now turned 21 so he is legal to buy alcohol if he chooses. he does not have a substance abuse problem either. you are quick to judge someone, are you an angel? i hope you don't have any skeletons in your closet it would be very sad if you were involved in a horrific accident like this and people judged every move you made as well. try to remember that this was an accident. brian and his family live with the events as well as public scrutiny every single day. there isn't one day that they don't think and pray for the other family involved and how difficult it is for them. unfortunately, you have a right to your opinion but have you every heard the phrase LIFE MUST GO ON....... that is exactly what they are trying to achieve. if you have every lost a loved one, whether it be tragic, sudden or of natural causes.... we mourn, we grieve and then we remember. if you think for one second that someone should live their life in a bubble because of this you are so wrong. this incident is no different, even though it is thought of every day, brian and his family must go on with their daily life as well. karma my friend karma. i hope and pray YOU are never, ever thrown into this situation and have the town of east hampton as your judge and jury!!!!! remember that while you are stalking!!!!
Anonymous December 19, 2012 at 04:22 AM
you people are crazy!! just because I said something about him still living it up does not mean stalking. its a small town and yes it was for him. nobody said a thing about drinking being illegal. but drinking and driving is. and he shows no remorse. pretty retarded of you people to call one negative comment being stalkerish LMFAO!! crazy f*cks.
Anonymous December 19, 2012 at 04:31 AM
and whether or not he was on anything, that doesn't matter. who the heck ends up in an accident that kills someone and they get no jail time? that's f'ed up if you ask me.
Anonymous December 19, 2012 at 04:33 AM
you people are crazy!! just because I said something about him still living it up does not mean stalking. its a small town and yes it was for him. nobody said a thing about drinking being illegal. but drinking and driving is. and he shows no remorse. pretty retarded of you people to call one negative comment being stalkerish LMFAO!! crazy fcks.
anonymous December 19, 2012 at 05:51 PM
All I hope is this never ever happens to you!! You, whoever you are, have every right to YOUR opinion! But that's what it is an opinion. The families have to cope with the aftermath not u. And your language is a tortuous You are u to say he has no remorse. Obviously you have more information than I do and maybe you would like to share ?? Karma my friend karma. Remember he was found innocent and I'm sorry that that does not sit well with u but its not your life and you don't have to live with it everyday either!!
Anonymous December 20, 2012 at 02:04 AM
Lets just say I know him and his family very well. Sometimes you worse enemy is someone you never expected. I am not using inappropriate language or harsh words. I am talking from fact. Some of the most innocent people get into accidents that kill someone and the majority of the time they end up in jail regardless if they were under the influence of something. He didn't even get charged with reckless driving. That's the kind of bull I am talking about here. The reason it doesn't sit well with me is because not a thing was done as punishment. No suspension of license, no jail time, no ticket, no fine, no nothing. Tell me how that is right? And there was pot in his system. Truth be told, there is no way to measure how much was consumed and when other than hair sample. He could have easily had that low count by having a puff or two before driving. I have witnessed his driving many times and it IS quite RECKLESS. If he was so concerned he would have been down where I saw him buying an 18 pack, looking high, and smelling like he had a few already before jumping in the driver seat. That's no remorse. As for wishing bad on someone, do you even know the definition of karma? Sharing my opinion will hardly make bad with karma. Talking smack and wishing the worse on someone will. So good luck with Mrs. Karma yourself!
Rick Hoyt December 20, 2012 at 08:00 AM
"Thank You" - Brian Was Found NOT Guilty, Why are You Attacking His Character ?
anonymous December 21, 2012 at 05:37 PM
so... i would appreiciate knowing who u are u can call me...interested in knowing when and where you saw brian doing such things and in what vehicle. we can meet in person or by phone. i't doesn't matter i would just like to hear what you have to say and see if my guess is right to your identity please email me at bebc329@yahoo.com
The Truth will Set you Free February 11, 2013 at 11:23 PM
No Drugs, No Alcohol, No Text - Then why drive on the wrong side of the road? Isn't there a problem with that?

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