have filed a charge of driving under the influence of drugs against a New York driver involved in a head-on collision that killed developer Douglas Schniederman last month. But Midgett's arraignment was postponed as the investigation continues.
Brian K. Midgett Jr. was scheduled to appear in East Hampton Town Justice Court on Thursday on a charge related to the head-on collision on Route 114 in East Hampton, which left the vice president of the McLean-based Madison Homes dead last month.
Schneiderman was a partner in Madison Homes, a well-known, family-run development company in Northern Virginia. Madison Homes developed Madison Mews in Fairfax City. The company is working on redeveloping the current Eleven Oaks bus lot next to into single family homes.
Midgett's attorney Susan Menu says there is currently no evidence against Midgett, 20, of East Hampton, N.Y.
Menu said police issued a desk appearance ticket — similar to a ticket drivers receive for a traffic violation — on the day of the crash for Midgett to appear on a DUI charge.
Menu said her client's blood tests were negative for alcohol. A toxicology report, which takes longer, she said, has not come back yet. His phone records have been subpoenaed, but the records have not been received, yet, she added.
"You can't arraign someone if you can't prove he did anything wrong," Menu said outside of court.
He has not been formally charged with a crime so far; his arraignment was adjourned until Oct. 4.
Menu made the application for the arraignment to be adjourned and the Suffolk County District Attorney's office complied. Robert Clifford, a spokesman for the DA's office, said Wednesday that "the Vehicular Crimes Unit investigation of the accident is not finished."
Police said that 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, , 51, of McLean, Va., was killed on impact.
His wife Elisabeth Schneiderman and 16-year-old daughter Rachel Schneiderman were hospitalized with serious injuries and released four days later.
Route 114 remained closed for seven hours while police investigated the cause of the accident, but .
Midgett spent several weeks in Stony Brook University Hospital. He remains in a wheelchair, with two broken legs, and will require skin grafts, Menu said.
"If they were to find something in his system, it would be a pain killer," Menu said. "It's my hope, as his attorney, that this was just a terrible, tragic accident," she said. "He's devastated. His heart goes out to the family of the man who was killed."
Had there been evidence of a driving while intoxicated charge right after the accident, Midgett would have been arraigned in the hospital or in court right away, Menu said.