CLARKSVILLE, Tenn. (WTVF) — The woman behind the wheel of a Kenwood Middle School bus involved in a deadly crash earlier this year has been indicted on two misdemeanor charges, but questions remain about whether prosecutors could still pursue more serious charges.
Bus driver Sabrina Ducksworth was scheduled to appear before a Carroll County judge Friday, but that hearing was postponed until next month.
The crash happened in March as students were traveling to a field trip. Two students, Zoe Davis and Arriana Pearson, were killed, and several others were injured when the school bus collided with a dump truck.
Earlier this week, a Carroll County grand jury indicted Ducksworth on two traffic-related misdemeanor charges: driving on roadways laned for traffic and failure to exercise due care.
However, the grand jury declined to indict her on a charge of reckless vehicular homicide, despite the District Attorney's Office presenting that charge for consideration.
"You don't know what the grand jury heard or considered," Nashville attorney David Raybin said.
Because grand jury proceedings are secret, it remains unclear why jurors declined to return the homicide indictment.
Raybin said that decision does not necessarily prevent prosecutors from seeking a different homicide-related charge in the future.
"Criminally negligent homicide is still a felony; it's a lesser offense," Raybin said.
Under Tennessee law, reckless vehicular homicide requires prosecutors to prove a defendant acted recklessly, while criminally negligent homicide involves conduct that falls below the standard of care a reasonable person would exercise.
One of the key unanswered questions in the case is whether Ducksworth suffered a medical emergency before the crash.
The Clarksville-Montgomery County School System previously raised that possibility in court filings connected to a lawsuit stemming from the crash. Investigators and prosecutors, however, have never publicly confirmed that a medical emergency occurred.
"If a person has a medical emergency while they're driving, that would probably result in no criminal charges because we could all be susceptible to a stroke while we're driving," Raybin said.
He said the legal analysis could be different if a driver had a chronic medical condition that was not disclosed or properly treated.
NewsChannel 5 reviewed Ducksworth's personnel file and found records showing she missed work at times due to what the school district described as "unforeseen medical issues." The records do not specify the nature of those issues.
The district also told NewsChannel 5 that Ducksworth met all federal standards required to operate a school bus.
"If in fact there was a medical emergency, then you've got a completely different case," Raybin said.
Ducksworth's next court appearance is scheduled for Monday, Oct. 26.
Do you have more information about this story? You can email me at Chris.Davis@NewsChannel5.com.
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