A Johnson County judge approved Jonathan “Jack” McCaffery’s request to waive his right to appear at trial on Wednesday. 

Attorney Karina Miller will appear in McCaffery’s place at the start of his trial on Tuesday at the Johnson County Courthouse, according to court documents.

McCaffery, 17, is the son of University of Iowa’s head basketball coach Fran McCaffery. He was charged with a simple misdemeanor which can carry the penalty of a $1,000 fine, a 180-day suspension of the defendant’s driver’s license, or both. 

He reportedly failed to yield to a pedestrian right of way on May 22, which resulted in the death of 45-year-old Iowa National Guardsman Corey Hite of Cedar Rapids. The collision took place in Iowa City at the intersection of Melrose Avenue and Kennedy around 4 p.m. 

McCaffery pleaded not guilty to the charge on July 17.

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Prosecutors filed a motion on Monday in response to McCaffery’s request to waive his right to appear at his trial, asking McCaffery to stipulate he was driving the car. 

Under the statute McCaffery was charged with, prosecutors must prove beyond a reasonable doubt he was driving the car when the incident occurred.