Rochester, MN  (KROC AM News) - A man whose car struck and seriously injured a young Byron boy Tuesday is not being charged at this time but could face a criminal complaint at a later date.

69-year-old Myles Keller of rural Mantorville was taken into custody after the Tuesday incident near the boy’s home on suspicion of driving under the influence of alcohol.  

Olmsted County Attorney Mark Ostrem decided Thursday morning to release Keller because medical and other reports are still being processed. He says blood test results are also pending.

Keller’s car struck  5-year-old Lukas Wharton while the boy was riding in a wagon in front of his family’s home around 5:45 p.m. Tuesday. The boy was airlifted to St. Mary’s and at last report, his medical condition was described as “very critical. “

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