N.J. school bus monitor Amanda Davila, charged in death of 6-year-old Fajr Williams, released without bail
SOMERSET, N.J. -- The bus monitor charged in connection in the death of 6-year-old Fajr Williams, who died on a school bus last week, appeared in court Tuesday to answer to the charges.
A judge ordered she be released under bail reform laws in New Jersey, saying she has no past criminal record and is not a flight risk.
Amanda Davila entered the Somerset County courtroom wearing a prison-issued jumpsuit, facing second-degree aggravated manslaughter charges, but the judge let the 27-year-old out without bail, pending conditions.
"Do you understand all of that, Ms. Davila?" the judge asked her.
"Yes," Davila said.
"I don't know how to feel about her release. I was prepared for her release. I thought I was," Fajr Williams' mother, Najmah Nash, told CBS New York.
Prosecutors allege Davila, a bus monitor, sat in the front of a school bus with earbuds in and a cellphone in hand for almost 14 minutes as the vehicle hit bumps and a safety harness around the 6-year-old's wheelchair stopped her from breathing.
The tragedy, investigators say, was captured on video.
"If she were in the back of the bus, paying attention and observing the students as she was supposed to, this would have been prevented," the prosecutor said.
"Nobody feels worse than Ms. Davila," the defense attorney said.
"Being there was harder than I expected," Fajr's mother said.
Heartbroken family members in court say Fajr suffered from a rare chromosomal disorder that prevented her from speaking, but she could make noises.
The defense says Davila, herself a mother to a child with special needs, kept earbuds in so she could get phone calls.
"She did have earbuds in her ears and I did see her looking at a cellphone, but we don't know at this point whether or not there is anything coming out of it," said Michael Policastro, Davila's attorney.
Her attorney also claims Davila wasn't trained in harness safety.
"She was told, you are not allowed to touch any of the people who come onto, you can't even adjust their harnesses or anything. That's the parents' responsibility," Policastro said.
Fajr's parents say they had no view of their daughter once she was on the bus and Davila should have been paying attention.
"If they are not allowed to sit next to the children, they should. They should be. They need to engage more in watching," said Wali Williams, Fajr's father.
If found guilty, Davila could face up to 10 years behind bars, but her attorney says he is convinced child endangerment is all she'll face.
Davila is scheduled back in court Aug. 28.
