CAROLINE COUNTY, VA (WWBT) - Prosecutors dropped a reckless driving charge today against 37-year-old Kin Yiu Cheung. The move clears the way for a January trial for four involuntary manslaughter felonies.
In the early morning hours last spring, a Sky Express bus taking 60 passengers from North Carolina to New York crashed and flipped on its roof. The bus was 60 miles outside of Richmond.
Kin Yiu Cheung was behind the wheel. According to court documents he told police he fell asleep.
On Friday, Commonwealth's Attorney Tony Spencer withdrew the reckless driving charge.
"He has much more serious charges pending in the circuit court," said Spencer.
Cheung still faces four counts of involuntary manslaughter for the deaths of four women from New York, Philadelphia, and New Jersey.
Spencer says he decided not to proceed with the driving charges to prevent the defense from claiming double jeopardy.
"I don't think that's an argument that would work, but why take the chance.So, we just felt it was better to go forward with the involuntary manslaughter charges," said Spencer.
Cheung, who speaks through an interpreter in the courtroom, pled not guilty to the charges in July. His attorney has called the crash a tragic accident.
Cheung was being held at the Pamunkey regional jail. He is no longer there, and the prosecutor will not reveal Cheung's current location.
If convicted on the remaining charges, Cheung faces up to 40 years in prison. His bench trial is scheduled to be January 26th.