CROWN POINT | Prosecutors have charged a Lowell man with 12 criminal counts in connection with a 2012 car crash that killed the man's 4-year-old stepson and injured his 2-year-old son.
Phillip Miley, 31, is charged with two counts of neglect of a dependent, two counts of operating a vehicle while intoxicated causing death, reckless homicide, neglect of a dependent resulting in bodily injury, neglect of a dependent, two counts of operating a vehicle while intoxicated, endangering a person with a passenger younger than 18 and three counts of misdemeanor operating a vehicle while intoxicated endangering a person.
The charges stem from a collision July 6, 2012, in the 4400 block of Ind. 2 near Holtz Road in Lowell.
On arrival, police observed a head-on crash involving a westbound Dodge Caravan and eastbound GMC delivery truck.
Witnesses told police they observed the Caravan, driven by Miley, traveling in an erratic manner, crossing back and forth from the west to the east lane before abruptly swerving into eastbound traffic and colliding with the delivery truck.
Police saw two children in child safety seats behind the driver, court records state.
Miley's stepson died of multiple injuries, including a broken neck, according to court records. Miley's son suffered two broken collar bones, and the truck driver involved in the wreck suffered multiple injuries, including a broken right leg.
Miley told police he and the children were on their way from the Gary South Shore Air Show, where he had "a couple of beers" but denied being intoxicated. Miley told police the accident occurred when he took his eyes off the road to discipline the children.
Court records state toxicology reports on Miley later revealed a blood alcohol serum level of 0.002 and a positive reading for benzodiazepines and opiates, both controlled substances.
In a separate case, Miley also faces six counts of felony burglary and one count of felony possession of marijuana in a rash of incidents occurring in Lowell since September.