Photo: Kobus Louw / E+ / Getty Images
A mother who accidentally drove her pickup truck onto a crowded soccer field in Wichita, Kansas, killing a six-year-old boy and a thirty-five-year-old man, will not face criminal charges, according to prosecutors. Sedgwick County District Attorney Marc Bennett announced that a month-long investigation concluded the crash was the result of negligence and not a criminal act.
The tragic incident happened on October 17 at the Stryker Sports Complex, where the woman, a thirty-four-year-old from Garden City, fell asleep in her husband’s Chevrolet Silverado after returning from lunch with her children. Surveillance footage showed the truck was parked for forty-six minutes before it suddenly accelerated, driving over a curb and onto the field.
Two people, six-year-old Cole Adrian and thirty-five-year-old Nicholas Schafer, were killed, and ten others, ages five to sixty-eight, were injured. None of those injured were in critical condition, according to Bennett. The woman’s children told investigators they exited the truck after she fell asleep, and a sunshade was placed across the windshield.
Investigators interviewed more than 100 witnesses, reviewed video footage, and tested the vehicle for mechanical issues. Police reenacted the incident using a similar truck and found that the vehicle could remain stationary while in drive, but pressing the gas pedal—even lightly—would move it forward.
The district attorney’s report noted that toxicology tests showed no drugs or alcohol in the woman’s system, and her medical records revealed no serious health problems. Bennett said, "As bad as this was, it is not a crime. This is a civil matter that will be handled under a negligence standard, which is the standard in civil cases. This is not a crime, and I cannot charge this driver with a crime."
The investigation did not find evidence of intentional wrongdoing, impairment, or mechanical failure. Instead, the report concluded that a single act of inattentiveness—falling asleep without putting the truck in park—was not enough to meet the legal standard for criminal charges such as vehicular manslaughter under Kansas law.
Both Bennett and Wichita Police Chief Joe Sullivan emphasized that the investigation was thorough and guided by evidence. Sullivan said, "This investigation has been thorough, deliberate and guided by the facts at every step."
With the case closed, any further action is likely to occur through civil court rather than criminal proceedings.