12:22 PM EST on Thursday, December 22, 2005

BY TIFFANI HELBERG / 6NEWS

6NEWS

Todd Weaver was killed when a bus hit him while he was riding on his bicycle on Tryon Street.

Charges were filed Wednesday against a former CATS bus driver who hit and killed a Charlotte bicyclist in October. Jerry Miller was fired after that incident and now 6NEWS has learned what charges he will face. The lead Charlotte-Mecklenburg HITS officer on the case, Charlie Brown, went to the magistrate Wednesday around noon and a criminal summons for Miller was issued.

Brown said he wrapped up his case around a month ago and handed it off to the District Attorney to decide what charges if any should be filed.

Brown told 6NEWS that there was never any question that they would charge the driver but they wanted to make sure they had all of their ducks in a row first.

Jerry Miller now faces a misdemeanor death by vehicle charge. Miller was driving southbound on South Tryon and turned left into the bus depot. In the process, police said he hit a cyclist. Investigators said the cyclist had the right of way.

After two months of pining over the evidence the district attorney is holding the former CATS bus driver accountable for the death of Todd Weaver.

"I think it’s just a point of where you can move on now and end all of their pain and suffering that they've gone through," said family friend Rick Petitt.

Petitt was best friends with Todd Weaver for 12 years. He said the husband and father of two was loved by everyone he touched.

"Every Friday night I think about him," Petitt said.

It was a Friday in October when Petitt got the call just a few hours after Todd Weaver’s death. Police said Miller hit Todd weaver. The accident was Millers second in a half an hour time span. It was the fifth accident of his career as a driver. It was also the one that got him fired. The tragedy has been a recurring nightmare for everyone involved including Todd's brother Mark. He spoke to 6NEWS over the phone from Ohio about the new charges.

"There's a sense of satisfaction knowing that the police department and the DA have seen the seriousness of the matter and are taking steps to ensure there is accountability," Mark Weaver said.

Based on Miller’s history investigators said if he is convicted he probably won't go to jail. But he could lose his license for one to two years. A CATS spokesperson said they plan to release the bus video from that accident Thursday. They also told 6NEWS Miller is appealing his termination.