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    New Jersey Student with Special Needs Dies After School Bus Ride

    Law 3 Mins Read
    School Bus

    First appeared in NewsBreak

    By Aron Solomon

    This week, a remarkable tragedy occurred in New Jersey. The death of a 6-year-old girl with special needs on a school bus in New Jersey has shocked and saddened the entire state.

    The bus monitor, Amanda Davila, has been charged with second-degree manslaughter and endangering the welfare of a child. The name of the child was not revealed by Franklin Township prosecutors.

    This incident raises important questions about the standard for manslaughter in New Jersey and whether charging the bus monitor is the most fair and equitable charge the prosecutor could have applied here.

    In New Jersey, manslaughter is defined as the reckless causing of death of another person. To prove manslaughter, the prosecution must establish that the defendant acted recklessly and that their actions directly caused the death of the victim. Recklessness refers to a conscious disregard of a substantial and unjustifiable risk that death or serious bodily harm will result from one’s conduct.

    In this case, the fact set as it is currently being reported indicates that the 6-year-old girl died after being fatally choked by a wheelchair harness that was supposed to secure her during the bus ride. The investigation revealed that the bus monitor, Amanda Davila, had secured the child in her wheelchair at the rear of the bus. The charges of manslaughter suggest that the prosecution believes Davila acted recklessly by failing to properly monitor the child and ensure her safety during the bus ride.

    A New Jersey catastrophic injury lawyer Michael Epstein observed:

    “Determining whether charging the bus monitor with manslaughter is fair requires a careful examination of the facts and circumstances surrounding the incident. It is crucial to consider whether Davila’s actions or lack thereof meet the legal standard of recklessness.”

    Did Davila consciously disregard a substantial and unjustifiable risk to the child’s life? Did her actions directly cause the child’s death? These are questions that will likely be addressed during the legal proceedings.

    Ultimately, the fairness of charging the bus monitor with manslaughter will be determined by the court system. It is important to allow the legal process to unfold and for all relevant evidence to be presented. The tragic loss of a young life is a devastating event, and it is essential that justice is served. The court will carefully consider the facts and apply the law to determine the appropriate charges and potential consequences for Amanda Davila.

    This tragic incident serves as a reminder of the importance of ensuring the safety and well-being of all students, especially those with special needs. It highlights the need for proper training and oversight of bus monitors and transportation personnel to prevent similar tragedies from occurring in the future. The focus should be on implementing measures to improve the safety protocols and procedures on school buses to protect the lives of all students.

    About Aron Solomon

    A Pulitzer Prize-nominated writer, Aron Solomon, JD, is the Chief Legal Analyst for Esquire Digital and the Editor-in-Chief for Today’s Esquire. He has taught entrepreneurship at McGill University and the University of Pennsylvania, and was elected to Fastcase 50, recognizing the top 50 legal innovators in the world. Aron has been featured in Forbes, CBS News, CNBC, USA Today, ESPN, TechCrunch, The Hill, BuzzFeed, Fortune, Venture Beat, The Independent, Fortune China, Yahoo!, ABA Journal, Law.com, The Boston Globe, YouTube, NewsBreak, and many other leading publications.

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