Official: Man’s decision to drink and drive was significant in boy’s death

Though the most serious charge won’t be filed, a top prosecutor alleges a man’s decision to drink and drive was a significant factor in a little boy’s death while he innocently played in his wagon.
Olmsted County Attorney Mark A. Ostrem has charged Myles Thomas Keller, 69, of Mantorville with gross misdemeanor reckless driving causing death and misdemeanor driving with an excess of alcohol content. However, the more serious charge of criminal vehicular homicide will not be filed.
The charges stem from a May 24 crash on the Dodge-Olmsted county line in which Lukas Wharton, 5, was seriously injured while riding in a play wagon near his home. Wharton died from the injuries at the hospital about a week later. 
Sheriff’s deputies took a blood sample from Keller after the crash took place. Ostrem said based on the timing of the blood draw and other factors, retrograde analysis was done finding that one hour after the crash Keller’s blood alcohol level was between .081 and .101. The legal limit to drive in Minnesota is .08.
“The state is confident that the analysis accurately shows Mr. Keller was operating his vehicle with alcohol content above the legal limit,” Ostrem said, noting many factors were considered in the calculation including consideration of unabsorbed alcohol.
In regards to not filing more serious charges, Ostrem pointed out that the criminal vehicular homicide statute requires proof beyond a reasonable doubt that Keller’s driving conduct was a substantial factor in causing the death or that his acts had a substantial part in the crash leading to the death.