Charge dismissed in 501 wreck that killed 4-year-old

A charge against Vincente Virola Rodriguez, who was involved in the crash that killed a 4-year-old girl last March, has been dismissed.

Jada Bennett, 4, was killed in a wreck when a tractor trailed driven by Rodriguez rear-ended the SUV Jada was in on Highway 501 near the Tanger Outlet.

A warrant was issued for Rodriguez's arrest in November on a charge of Reckless Homicide.

During a preliminary hearing in March, a magistrate judge dropped the charges against Rodriguez, claiming insufficient evidence to bring the case to a jury.

"He is driving a tractor trailer. That alone is not reckless. The speed, going too fast for conditions, he was actually driving under the speed limit. So that one was going to be tough and we knew that all along. And the cell phone- there's no state law banning cell phone use," Steven Grooms, lead prosecutor in the case said.

There are no other charges against Rodriguez.

The family's attorney, Mike Kelly, says they're still proceeding with a wrongful death lawsuit through United States District Court.