LYNCHBURG, Va. – Assistant Commonwealth’s Attorney for the City of Lynchburg, Dianna Baker, has released her report on the April 18, 2023 fatal collision that left a Lynchburg three-year-old dead.
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The incident happened around 7 p.m. that day in a gravel lot parking lot of the Timberlake Dixie Youth Baseball field, as we previously reported.
According to Baker, there was a hill with stairs that led up to a ball field to the left of the vehicle involved, a 2014 F-250 truck.
We’re told three-year-old Logan Kozlowski was walking down the steps from the field toward the lot with his family just before the collision.
There were differing witness accounts of the incident, Baker said. One said when Logan reached the last step, he “started running” and “fell” before the collision, while another reported she saw something, which she did not initially recognize as a child, “rolling down the hill and falling under the truck’s front tire” before being struck again by the truck’s rear tire.
Baker said Logan approached the vehicle perpendicular to the driver’s side, and according to witness reports from the best point of view, he was struck by the front and rear driver’s side tires.
[RELATED: Timberlake community grieving loss of 3-year-old boy hit and killed by car]
Immediately after the collision, Baker said the driver stopped and cooperated with police. The driver told officers he was driving slowly trying to find a spot to park, and said he did not see anything before the collision.
The driver also told officers he felt his truck drive over something, then stopped when he heard people in the area screaming, according to Baker.
The report said that multiple witness accounts noted that the truck was moving slowly. Lynchburg police investigated the truck’s Event Data Recorders, a safety feature that captures a snapshot of certain vehicle dynamics and safety information only if an “event” is triggered.
According to Baker, no “event” was captured – “events” will not be triggered by a low-speed collision with a small object.
Baker’s concluding statement reads as follows:
In this case, the driver did not see Logan approaching his vehicle perpendicular to the driver’s side. Even if it was possible for the driver to have seen Logan approaching, the opportunity to brake or take other evasive action was very brief, given that Logan began running or rolling after stepping off the final step down from the ballfield. The slow speed at which the driver was traveling was appropriate given the busy parking area and number of pedestrians, especially children, in the vicinity. No evidence suggests that the driver was impaired or distracted from the task of driving. No evidence indicates that the driver was operating his vehicle in an erratic, high-speed, or otherwise dangerous manner. Therefore, the manner in which the driver operated his vehicle does not rise to the threshold of recklessness required to sustain a criminal charge.
Dianna L. Baker, Assistant Commonwealth’s Attorney for the City of Lynchburg