No criminal charges issued for driver who hit, killed 3-year-old in Lynchburg

LYNCHBURG, Va. (WSET) — An Assistant Commonwealth’s Attorney for the City of Lynchburg determined on Friday that there will be no charge issued for the driver who was behind the wheel of the car that killed a 3-year-old.

Aftering reviewing reports by Lynchburg Police, body camera footage, and photographs of the collision scene, there was not enough evidence for criminal charges according to Assistant Commonwealth’s Attorney Dianna L. Baker

On April 18, Logan Kozlowski lost his life after being hit by a truck at the Timberlake Dixie Youth Baseball fields.

RELATED: Driver 'did not see' 3-year-old boy before deadly accident in Lynchburg

According to Baker, one witness reported that Logan had “started running” and “fell” before the collision, and another witness reported that she saw something, not realizing it was a child, “rolling down the hill and falling under the truck’s front tire” before being hit again by the rear tire.

Baker says multiple witnesses reported that the truck was moving forward very slowly and there was no unusual driving behavior before the collision.

The driver immediately stopped and cooperated with the police investigation. The driver said he was driving slowly trying to find a parking space, and did not see Logan before the incident.

Lynchburg Police were unable to determine the truck's exact speed because the collision was not significant enough to be recorded by the vehicle's Event Data Recorder.

RELATED: 'Hug your babies extra tight': Lynchburg supports family of 3-year-old killed by car

Baker says that even if it was possible for the driver to have seen Logan, the opportunity to brake was very brief, given that Logan began running or rolling after stepping off the final step down from the ballfield.

It was decided that the driver did not meet the threshold of recklessness required for a criminal charge, given there was no evidence suggesting impairment or distraction, and no evidence of dangerous driving.

The full Statement of Facts provided by the Assistant Commonwealth’s Attorney is below: