Not Talking, Not Texting, Midgett Case Dismissed

    The Suffolk County district attorney’s office dropped any potential criminal charges yesterday against Brian K. Midgett Jr., the driver of the truck that collided with a car on Route 114 on July 29, killing the car’s driver, Douglas Foster Schneiderman, 51, of McLean, Va.
    The crash, which occurred at about 12:30 in the afternoon, destroyed both vehicles and sent Mr. Schneiderman’s wife and daughter to the hospital. Mr. Midgett broke both his legs and was hospitalized for 10 days. He is still recovering.
    Robert Clifford, a spokesman for the D.A.’s office, said Mr. Midgett was actually cleared a month ago of a charge of driving while under the influence of drugs, levied against him at the time of the crash. The D.A. had been waiting to receive his cellphone records, Mr. Clifford said, to see if he had been talking or texting at the time of the crash.
    “Subpoenaed records established to our satisfaction Mr. Midgett was not talking on a cellphone or texting during the time leading up to and including the time of the collision,” Mr. Clifford said in a statement issued last Thursday.
    Mr. Midgett was arrested at the time of the accident, and released with an appearance ticket.
    “Given the negative results of the toxicology tests and this office’s determination, from an analysis of cellphone 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,” his statement concluded.
    According to Mr. Clifford, the police did have probable cause to make an arrest, given Mr. Midgett’s state of mind at the time of the accident as well as the presence of an empty bottle of Hydrocodone in his truck, but he added that there was a lack of corroborating evidence.
    Susan Menu, Mr. Midgett’s attorney, said the empty bottle was in the truck because Mr. Midgett had suffered a painful injury weeks earlier, but had finished the prescription.