Virginia Beach, Va. – The Virginia Beach Commonwealth’s Attorney has decided not to pursue charges against a Virginia Beach Schools bus driver after he crashed a school bus packed with kids into Christian Montes’ and his disabled car, killing the sailor and father of two on the scene.
In a Monday afternoon press release about the October 22, 2013 Independence Boulevard accident, Virginia Beach Commonwealth Attorney Harvey Bryant said “After two reviews of the evidence with members of the Virginia Beach Police Department’s Fatal Crash Team, I have concluded, with their concurrence, that there is no evidentiary basis to charge the school bus driver with involuntary manslaughter or reckless driving in the tragic death of Christian R. Montes.
“The on-board video camera shows that the driver was not engaged in any distracting activity prior to impact. On-board equipment also established that the bus was at or below the speed limit at all times that fateful morning. The police interviewed several citizens who observed Montes’ vehicle stopped in the traffic lane before the accident. They noted that the vehicle did not have its flashers on or its headlights at times. Light bulbs and other items from parts of the Montes vehicle were submitted to the Department of Forensic Science for analysis. Their findings were that it was “not possible to determine the ‘on’ or ‘off’ condition” of the lamps at the time of vehicle impact.
“I have discussed and reviewed in detail the Virginia Beach Police Department’s investigation and our joint determination that the evidence does not support bringing any charges against the bus driver with Mrs. Montes and her attorney.”