Father to Stand Trial for Daughter's Fatal Driving Lesson

Aug. 15, 2005 — -- A Pennsylvania man is facing manslaughter and vehicular homicide charges after his 15-year-old daughter struck and killed a woman carrying a baby during a driving lesson.

Miller, 46, was giving his daughter -- who did not have a learner's permit -- a driving lesson last April in an empty high school parking lot when the car suddenly sped up. Prosecutors say the girl thought the gas pedal was the brake. The car raced across the lot through the fence and across the street, where Sarah McGinley was playing in a yard with her 1-year-old daughter, Victoria. Miller said he tried to push the brake pedal but the car continued to surge and struck and killed McGinley.

"When she [Sarah] saw the car coming, she yanked her [Victoria] from the swing and threw her into a bush and saved her life," said Elizabeth McGinley, Sarah McGinley's mother.

Miller's daughter was charged with driving without a license resulting in death. She pleaded guilty and was placed on interim probation and ordered to perform 200 hours of community service, pending an Aug. 30 sentencing hearing.

Despite not being behind the wheel, Miller was charged with vehicular homicide and involuntary manslaughter. After being ordered to stand trial, a grief-stricken Miller apologized to the McGinley family.

"I'm very sorry for that family," Miller said. "I'm terribly sorry this happened."

Prosecutors sought the most serious charges possible against Miller because they said he put an untrained, unlicensed driver behind the wheel and had no backup plan for stopping the car in case of an emergency.

"At the point where the car went through the fence, there was a lot of time," said prosecutor Anthony Voci. "And the evidence showed there were eight seconds for Mr. Miller to do something, and frankly, he did nothing."

Fortunato Perri Jr., Miller's attorney, said there should be no criminal responsibility in the incident. He said his client did take precautions by taking his daughter to a fenced-in parking lot for her driving instructions. Perri said the fatal driving instruction accident was a tragedy for two families and that the Millers want to meet with the McGinleys to tell them how they feel.

"He [Richard Miller], his daughter and entire family are devastated by this situation." Perri said. "They would welcome an opportunity to sit down with the family, to tell them how they feel. The McGinley family has been in their thoughts and prayers from the moment this sad situation occurred."

Little Victoria McGinley is being raised by both her father and grandmother. Elizabeth McGinley blames Richard Miller for her daughter's death, saying that he never should have allowed a 15-year-old untrained driver behind the wheel. However, she also feels sorry for Miller's daughter.