Mamaroneck bus driver who killed mother, son in crosswalk ticketed for failing to yield, police say
MAMARONECK, N.Y. -- A school bus driver who struck and killed a woman and her son on a busy road in Mamaroneck will not face criminal charges, police said.
Investigators determined Molly Donovan and her son Michael Volpe entered the crosswalk on Mamaroneck Avenue when a "Don't Walk" signal was flashing.
The bus driver was turning left onto Mamaroneck Ave. when he hit Donovan and her son, a 6-year-old in kindergarten.
Bus driver was likely distracted by ambulance, police say
An accident reconstruction report determined the bus driver, a 68-year-old retired mechanic with a clean driving record, was likely distracted by an approaching ambulance when he struck the woman and boy walking to school on June 20.
It is technically a violation to enter a crosswalk when the "red hand" is flashing, but police said the bus driver still should have yielded.
"If it's 'Don't Walk' while you are going to start across a roadway, then you are to wait for the next cycle," Mamaroneck Police Chief Sandra DiRuzza said.
Ticketed for failing to yield, using cellphone
While the bus driver is not criminally charged, police said he was ticketed for failing to yield to pedestrians and using his cellphone two minutes before the accident, which surveillance video from on board the school bus shows.
The driver stayed at the scene, gave a blood sample and fully cooperated, police said on the day of the crash.
"He just simply did not see them. We think he was preoccupied with the first group of pedestrians crossing the crosswalk. We can see on video that he follows them. He stops, follows them through the crosswalk, but when he turns back and presses the gas, that's when Michael and Molly start to cross the street," Mamaroneck Police Lt. P.J. Trujillo said at Friday's news conference.
Police said the cellphone infraction was not a contributing factor in the fatal crash.
Victims' family finds it difficult to accept
The boy's paternal grandfather said the lack of criminal charges against the driver who killed his grandson doesn't sit well.
"He's a school bus driver. He's held to a higher standard. He knows there's people all over the place ... Something's wrong!" Tom Volpe Sr. said.
The police chief acknowledged the outcome of the investigation is hard for many to accept.
"I think that there are no good outcomes here. We have to work within the confines of the law," DiRuzza said.
No one on board the school bus carrying special education students was injured in the crash.
Mamaroneck Avenue safety overhaul
Extensive safety improvements have been made up and down Mamaroneck Avenue since the deadly crash. Traffic lights have been retimed so all drivers stop and none may turn when pedestrians are allowed to cross.
Significant pedestrian improvements are underway at the intersection where the fatal crash happened. A crossing guard will be in place when school begins Sept. 3.