Rochester, MN (KROC AM News) - A Mantorville-area man whose car struck and fatally injured a  young Byron boy earlier this year is now facing criminal charges.

Olmsted County Attorney Mark Ostrem Wednesday announced he is not charging 69-year-old Myles Keller with any felonies.  According to the criminal complaint, Keller is facing three charges:  a gross misdemeanor reckless driving count and two misdemeanor DWI counts.

Tests indicated Keller had a blood/alcohol concentration of between .08 and .10 when his car struck 5-year-old Lukas Wharton while the boy was riding in a wagon in front of his family’s home on May 25th. The young boy died a week later.

Ostrem says although Keller’s blood/alcohol level was above the legal limit, a more serious charge of criminal vehicular homicide is not being filed because there is not enough evidence to show his driving conduct was a substantial factor in the deadly incident, as required under state law.  

Ostrem says Keller admitted drinking three beers at a nearby bar just before he struck the boy. Keller says the wagon came out of the roadside ditch suddenly about 15 yards in front of his car and he did not have enough time to stop.  Investigators determined Keller was driving at 40 mph at the time in the 55 mph zone.

Keller has been ordered to make his first court appearance Sept.16th.


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