A Riley man facing a second-degree murder charge for the death of his 6-year-old daughter was scheduled for status and preliminary hearings Tuesday afternoon in the Riley County District Courthouse.
Joshua Michael Mall, 39, was allegedly driving with a blood alcohol content of 0.13 when he collided with another vehicle and then struck a tree on the evening of Oct. 5 near the 2400 block of Tuttle Creek Blvd. in Manhattan.
His daughter, Madilyn, was a passenger in his vehicle and died in the wreck.
The legal BAC in Kansas is no greater than .08.
Mall, who was present in court Tuesday, was despondent in his demeanor and only spoke to his attorney to correct potential scheduling that conflicted with a doctor’s appointment related to injuries suffered in the accident.
Mall will have a status hearing on Dec. 29 at 1 p.m. and a preliminary hearing on Jan. 26 from 9 a.m. to noon.
Mall earlier had posted bail for $100,000, which was reduced from the original bail of $250,000. As condition of the reduction, Mall was ordered not to drive, drink alcohol or smoke marijuana. He was fitted with an ankle bracelet that senses such consumption.
This isn’t Mall’s first time with motor accidents.
In 2001 Mall pleaded guilty to a charge of vehicular homicide in Larimer County, Colo. As a part of his plea agreement in that case, prosecutors dropped two counts of driving under the influence.
