Bus driver cleared of 'homicide' charge, faces traffic citations
PORTLAND, Ore. – The TriMet driver who hit five pedestrians near downtown Portland just before midnight April 24 has been cleared of the most serious charge Wednesday.
A Multnomah County Grand Jury voted to not indict the driver on a charge of criminally negligent homicide in the TriMet bus accident that killed two and injured three. Under Oregon law, the mental state of “criminal negligence” requires more than inadvertence, inattentiveness or, in driving cases, the added commission of traffic violations.
However, the District Attorney's Office also released a memorandum that called the driver – 48-year-old Sandi Day – "either inattentive or unable to see, possibly both." The memorandum, issued Wednesday, confirms the driver also was engaging in an unlawful, two-lane left turn.
"While engaging in an unlawful left turn may well involve civil negligence," the memorandum reports, "...the grand jury concluded that it is not chargeable as criminally negligent homicide."
Around 4:30 p.m. Wednesday, Portland Police Sergeant Todd Davis announced that Day was being issued multiple traffic citations as a results of the April 24 accident. The citation document lists the following:
- Two counts of careless driving resulting in death of a vulnerable person,
- One count of careless driving resulting in serious injury of vulnerable person,
- One count of careless driving resulting in an accident, one count improperly executed left turn and
- One count failure to stop and remain stopped for pedestrian.
Day was an experienced night-time bus driver, driving about 40 percent of her shifts at night. Her shift, driving the No. 9 route, was scheduled to end at 12:31 a.m. TriMet officials have said that, until now, Day had a cleaning driving record.
On this night, however, Day made an off-normal-route stop – dropping her last rider on the far side of Northwest Glisan Street and Broadway Boulevard. (TriMet riders can ask to be dropped off between stops if they are riding alone and it is between 8 p.m. and 5 a.m.) She then crossed two lanes to make a green-lighted left turn onto Broadway Boulevard, running into or over the five pedestrians crossing at the green-lighted crosswalk.
Senior Deputy District Attorney Chuck Sparks writes in the memorandum that he has "conferred with the Portland Police Bureau Traffic Division on their issuance of appropriate traffic violation citations to Ms. Day. They informed me of what they intend to do and I agree with it."
TriMet officials, meanwhile, issued a statement saying they are "reviewing the eight-page report from the district attorney’s office on the accident and awaiting the Portland Police Bureau’s report. This will allow us to complete our own internal investigation, which will determine if the operator violated any of our policies and procedures while operating the Line 9 bus the night of the accident."
A reconstruction of the crash scene turned up several contributions to the crash, including dark streets, generally dark victims’ clothing, the angle of the bus' two-lane left turn and the blind spot created by the bus' driver-side mirrors and A pillar. The investigating officer concluded Day was at fault for this crash.
The bus driver was on paid administrative leave as of Wednesday, May 19.
As part of the traffic charges, Day likely will have the chance to do 100 to 200 hours of community service and take a driving class. If she fails to complete those, Day would face a $12,500 fine on each count, possibly jail time and the chance her driver's license could be revoked.
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