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The case against a man accused of killing a Winchester toddler is going before the grand jury, according to WLEX-TV in Lexington.

Twenty-eight-year-old Nathon Miller faces one count of murder in connection with the death of 2-year-old Thomas Reed and appeared in court on Wednesday.

Miller was driving the vehicle that crashed on U.S. 60 in June and led to fatal injuries for Reed.

During the hearing, police testified that Reed’s car seat was facing the vehicle’s floorboard with him in it when they examined the scene of the accident.

Tests revealed that Miller, who only had a learner’s permit, had a blood alcohol level of .19 at the time of the accident.

Kayla Richardson, Miller’s girlfriend and Reed’s mother, said that he had not been drinking when the two left home the night of the accident.

Miller’s attorney requested that the murder charge against him be reduced but was told that decision would be left up to the grand jury.

He remains lodged at the Clark County Detention Center with a $250,00 cash bond.