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Disasters

Kansas prosecutor won't charge mother whose truck hit soccer field crowd, killing two

District Attorney Marc Bennett says Kansas law does not support charges because he cannot prove the sleeping driver acted knowingly or recklessly.

10 news outlets reported this
Liberal3 outletsThe district attorney's finding and open questionsCenter2 outletsWhy the law offered no charge to bringConservative5 outletsThe timeline and legal reasoning behind no charges
ABRAnews EditorialPublished 1 min read
Overview

Sedgwick Marc Bennett said Thursday that no criminal charges will be filed against a 34-year-old woman whose pickup truck drove onto a youth soccer field in Wichita, Kansas, on Oct. 17. Cole Adrian, 6, and Nicholas Schafer, 35, both of McPherson, Kansas, were killed. Ten others were injured.

The woman has not been publicly identified. Bennett released a 28-page report and spoke at a news conference with Wichita Police Chief Joe Sullivan. They said she had driven her husband's truck from Garden City, reclined her seat and told her children she would nap.

A child put a sunshade on the windshield. The truck later moved onto the field at the Stryker Sports Complex. Investigators could not determine whether she had put it in park.

Police found no mechanical problems, and her blood tests showed no impairing substances. In a test, a similar truck in drive stayed at a 7-inch curb until the accelerator was pressed. Bennett said, "I cannot prove she consciously disregarded a tremendous risk to people on that field."

He said there was no evidence of an intentional crime and that Kansas law does not support charges.

Key figures
  • 28-pagelength of the district attorney's reportThe Seattle Times
  • 7-inch curbcurb the test truck in drive did not crossThe Seattle Times
  • more than 50 impairing substancessubstances the driver's blood was tested for, per UPIUPI

Three sides of the story

3Liberal2Center5Conservative

10 news outlets reported this

Tap a color or swipe sideways to switch sides.

Liberal3 outlets

The district attorney's finding and open questions

Yahoo News opens with the outcome: the woman killed two people after a nap in her parked vehicle and won't be charged. It builds on Bennett's news conference, quoting him on "affirmative evidence that there was not an intentional crime." It also quotes Police Chief Joe Sullivan on "some questions we may never be able to answer with complete certainty," including whether the truck was in park.

The Independent leads with the same decision and says Bennett found Kansas law does not support charges. It quotes the report that there is no evidence she knew the truck was in drive, and adds that she told detectives she awoke to screams and tried and failed to press the brake. Yahoo and The Independent both name the two victims and give their ages.

The New York Times headline says there are no criminal charges for the driver of the truck that plowed into a crowd.

Center2 outlets

Why the law offered no charge to bring

UPI leads with the decision: a woman whose car drove onto a Wichita soccer field and killed two people "will not face charges." It gives Sullivan's timeline, including a 6 a.m. wake-up and a 200-mile drive, and the witnesses' account of her saying she was sorry. It quotes Bennett's report that she did not act intentionally or knowingly, and Bennett saying, "If I could charge this, I would."

The Seattle Times opens on a "soccer mom" napping in her truck. In the account investigators give, she had failed, investigators believe, to put the Chevrolet 1500 in park, and her foot likely hit the gas in her sleep. It describes the police test, in which the truck in drive stayed put against a 7-inch curb.

Bennett is quoted: "We sat there and waited and waited." It adds that Bennett acknowledged the public might find his decision strange, and that his report found no possible crime fit under Kansas law.

Conservative5 outlets

The timeline and legal reasoning behind no charges

Fox News leads with a driver "asleep at the wheel" who will not face charges, says the report called the crash the result of "negligence" rather than a criminal act, and runs a timeline from the 7 a.m. departure to the Nov. 12 report. The Blaze, relaying KAKE-TV, quotes Bennett, "This is not a crime," and walks through the report's reasoning. Citing Fox News, it says Kansas law requires "knowingly" or "recklessly," and citing KAKE, that Kansas has no negligent homicide charge.

It adds that a law firm is working with some families on possible civil lawsuits. The Daily Caller quotes Bennett, via the AP, saying he cannot prove she consciously disregarded a tremendous risk, and cites surveillance showing her behaving normally. The New York Post headline promises "Shocking new details" about a "tired soccer mom."

It opens with her drive of more than 200 miles and quotes Bennett: "As bad as this was, it was not a crime."

Where outlets disagree
All sources: 12 articles from 10 outlets

Liberal (3)

Center (2)

Conservative (7)

County

A division of a state, the main unit of local government. Counties run local courts, the sheriff and the count of votes in elections.

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District attorney and US attorney

A district attorney is the local prosecutor, usually elected, who brings charges under state law. A US attorney is the federal prosecutor for a district, appointed by the president, who brings federal charges.

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