By John Dobberstein, Editor
The Tulsa County District Attorney released a statement Friday saying the Broken Arrow bus driver arrested for kidnapping and child abuse a week ago will not be charged.
District Attorney Steve Kunzweiler made the announcement after Thomas Young’s first court date Thursday, where his $60,000 bail amount was reduced. The charges were referred to the District Attorney’s Office by the Broken Arrow Police Department.
“In addition to written reports, we watched the entirety of the incident as it was recorded by two onboard cameras. Separate cell phone camera recordings were also provided by various individuals in proximity to the incident,” Kunzweiler said in the statement. “On two occasions a Broken Arrow School administrator got on the bus to instruct the students.
“From the information provided to this office, the facts do not fit within a traditional view of what kidnapping and child abuse contemplate under the law. This may be a civil matter in which there might be a civil remedy.”
Kunzweiler said the decision is based on the available facts “and the high burden of proof required for a conviction, which is beyond a reasonable doubt. We do not reasonably believe that a jury would convict nor would sentence a person to prison based upon the facts submitted to us.”
He also noted the case is an employment issue, “upon which the Broken Arrow School District is best suited to address.”
BAPS has been notified that the charges were dropped. “With the conclusion of the police investigation, this becomes a district personnel matter and further public comment will not be made,” said BAPS spokeswoman Tara Thompson.
The door may still open for civil suit by the parents, but Thompson said the district never filed charges against the driver, “nor are there any plans to do so now.”
As to student discipline, school administrators are still reviewing the video from the bus in order to assign appropriate discipline to students who were misbehaving, she said, “but specific details of student disciplinary actions cannot be shared publicly.
BAPD said Friday that it had determined there was probable cause to make an arrest, in addition to witness accounts and victim’s statements.
“As with any arrest, criminal charges are submitted to the District Attorney’s Office for review, and ultimately their office has the discretion to file formal charges based on the burden of proof for a conviction,” BAPD said.
“The Broken Arrow Police Department values the long-standing working relationship with Tulsa County District Attorney Steve Kunzweiler, his staff and the Broken Arrow Public Schools Administration.”
The 13-minute video released by the Broken Arrow Public Schools this week depicted a tense situation that unfolded Oct. 13 between Young and students that led to the driver being arrested.
Young had worked for the school district more than a year and there had been no complaints previously, BAPS said.
But Young was on a new route this week. Numerous times in the video, provided to the Broken Arrow Sentinel by BAPS through an Open Records Act request, an obviously frustrated Young told rancorous students on the bus to be quiet.
At one point he pulled the bus over and repeated his commands.
“You can see that I don’t care what parents do,” Young says. “If they smack the bus, I don’t care. I don’t care if they get violent and break windows. Makes no difference to me. They’ve got someone coming right now. That’s the way it is. I will win every time.”
At one point, the students opened the emergency exit in the back of the bus and started to jump out, as Young had started up the bus and began driving forward at a slow speed.
With the bus again stopped, Young got out of his seat and walked toward the students still on the bus to talk with them.
“Listen up. I’m going to win every time. Listen up. I am a bus driver. I have to take you there safely. What do you want to do? It makes no difference to me. You guys are in trouble because they’ve got people coming out.”
As news of the incident and Young’s arrest spread across the metro, many on social media sided with the bus driver and said unruly students were at fault. Some even suggested starting a GoFundMe account for Thomas to help raise funds for his bail.
Bus transportation has rules
The school district’s “Bus Regulations for Students” in the student handbook says transportation “is a privilege granted to students, and the district may suspend that privilege as a discipline for inappropriate behavior when it is in the best interest of the school and/or to ensure the safety of students and staff.”
The district’s policy states, among other things:
- Students are not allowed to get on or off a bus at any stop other than his/her assigned stop without pre-approval.
- Students should never be standing or walking in the aisle, and those who can’t follow safety guidelines “create a danger to themselves and will be subject to bus suspension.”
- It’s the driver’s responsibility to enforce the bus rules and to correct any student on the bus for unsafe behavior. “A driver has the authority to assign a seat to any or all students for any reason and for any length of time. Assigned seats can be given for preventive reasons.”
- Excessive noise can distract a driver’s attention, the handbook states. “Therefore, there may be occasions when a driver needs to place limitations on talking/visiting in order to create a less distracting atmosphere. At times, a driver may restrict students from talking to other students, unless they are seated beside them or directly across the aisle. This limitation prevents students from having to yell and keeps them properly seated. At times, a driver may require days of ‘no talking,’ in order to achieve better results in holding noise levels to a minimum.”
- Failure to cooperate with school official transportation personnel “will result in an automatic suspension.”
The district cannot discuss student discipline matters, “but we do intend to discipline any students found to be in violation of district policies,” said Thompson. She added that BAPS bus drivers are trained in various de-escalation techniques and are provided solutions that include calling for back-up from the site or transportation terminal.
“Our biggest concern in this incident, and there were many concerns, is that the driver drove away while students were exiting the back of the bus,” Thompson says. “That child endangerment is simply not something we can tolerate, but it became a moot point when he was charged with two felonies.”
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