Rochester, MN (KROC AM News) - A Mantorville-area man whose car struck and fatally injured a young Byron boy last year has pleaded not guilty.

70-year-old Myles Keller was charged with reckless driving and two DUI counts after tests indicated he 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. The young boy died a week later.

Myles Keller--photo from Olmsted County Sheriff's office

Olmsted County Attorney Mark Ostrem says although Keller’s blood/alcohol level was above the legal limit, a more serious charge of criminal vehicular homicide was not filed because there was 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.