Judge Orders Community Service For School Bus Driver
Last updated Tuesday, May 13, 2008 7:31 PM CDT in News
By Robin Mero
The Morning News
A judge on Monday sentenced a former Bentonville school bus driver to 100 hours of community service for leaving the scene of an accident after striking a 6-year-old boy with a bus in November.
Donald Espeseth, 76, of 22 Eaton Circle in Bella Vista will serve a three-year suspended sentence and can have his record expunged if he meets all requirements. He must pay $920 in fines and fees, ruled Benton County Senior Circuit Judge Tom Keith.
Espeseth pleaded guilty April 28 to a felony, leaving the scene of a personal injury accident. During the hearing, he insisted he didn't realize he struck the child.
The judge took the plea under advisement and asked attorneys to provide him with case law that addressed whether a person must be aware of an accident to be charged with leaving the scene.
Deputy Prosecutor Carrie Dobbs showed the judge that mental culpability is not a required for the law. She also said, in an agreed statement of facts, that at least one person would testify Espeseth knew he hit the boy. A man told police he stopped Espeseth after the accident and told him the child was hit.
Espeseth has been on leave without pay from the district pending outcome of the case. He is represented by attorney Tom Smith.
According to court documents, Tyson Huffman was getting off the bus near the intersection of Trafalgar Road and Oxford Lane in Bella Vista the afternoon of Nov. 5 when he bent over to pick up a piece of paper.
Tyson stood up again and began crossing in front of the bus. The bus moved forward, knocked the boy down and the full length of the bus passed over him. The boy received four staples on his head to close a wound.
A witness told police he saw the boy being run over, honked, then got out of his vehicle and waved his arms at Espeseth. Through the driver's window, the man told Espeseth the bus ran over a child.
He told Espeseth it was a close call, meaning the child wasn't crushed, the man told police. Espeseth scratched his head, then drove away, the witness said.
Detective Mark Kugler of the Bella Vista Police Department determined the boy would have been visible in the driver's cross mirrors from the position in front of the bus. Espeseth tested negative for drugs and alcohol.
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