New Jersey school bus monitor pleads not guilty to upgraded charges in 6-year-old Fajr Williams' death

SOMERVILLE, N.J. -- A bus monitor charged with aggravated manslaughter in the death of a 6-year-old girl with special needs who was killed on a school bus in New Jersey was back in court Friday. 

Amanda Davila was offered a plea deal. 

Davila pleaded not guilty in the death of Fajr Williams, and turned down the plea deal that would have given her 10 years behind bars on a manslaughter charge under the no release act. 

"No way. It is not that kind of case. This is a case where there is plenty of blame to go around," defense attorney Michael Policastro said. "It looks to me, as her attorney, they are trying to make her the scapegoat." 

"We believe justice will be served here. There was a reasonable plea offer given the evidence that exists, quite frankly surprising that it wasn't taken," Jason Weiss said. Weiss is the attorney for Fajr Williams' mother, Najmah Nash. 

Nash came face-to-face with 27-year-old Davila in court, once again. 

"I will be here every court appearance, representing for my daughter Fajr," Nash said. 

Prosecutors say Davila, the monitor on Williams' bus, sat in front with her with her cellphone and earbuds in, not looking back for almost 14 minutes as the bus went over bumps and the safety harness around the little girl prevented her from breathing. The girl was on her way to the Claremont School in Franklin Township, in Somerset County. 

Investigators say the tragedy was captured on video. 

"There is some negligence involved, and she did have her ear buds, on but what they don't tell you that from the victim's mom, she got a call shortly before that on her phone," Policastro saud, 

The defense claims Davila wasn't medically trained and wasn't allowed to touch the safety harness. 

Nash's attorney said they are planning to file a wrongful death civil suit against all parties, including the bus company. Nash also said she is making headway with Fajr's Law, that would make sure aides riding on buses with children with disabilities are properly trained. 

"Definitely sitting in a position where they are able to monitor these children, recognize the signs of distress, and possibly be trained in CPR," Nash said. 

Davila will be back in court on Jan. 8. Her attorney said the only plea deal he would be willing to accept is on an endangerment or negligence charge. 

The bus company has not commented on the case, nor any intended civil suit.