One of the charges against the driver whose bus crashed on Interstate 95, killing four and injuring dozens, will be dropped, the Associated Press reports.

Prosecutors told the AP that they will drop the reckless driving charge, a misdemeanor, against Kin Yiu Cheung, 37, of New York.

Cheung, who was scheduled to appear in court Friday in Caroline County, Va., will still be tried on the remaining charges: four felony counts of involuntary manslaughter. His trial is slated for January.

The fatal crash occurred on May 31, when a Sky Express bus en route from North Carolina to New York City swerved off I-95, hit an embankment and overturned about 30 miles north of Richmond.

There were 58 people on board. Four women were killed, and the remaining 54 were taken to area hospitals, where they were treated for minor to severe injuries. Cheung suffered minor injuries.

Police have said Cheung was fatigued at the time of the crash. Court records show he fell asleep at the wheel.