Authorities will not file criminal charges against a woman who drove a truck into a Kansas soccer field last month, killing a 6-year-old boy and a 35-year-old man.
Sedgwick County District Attorney Marc Bennett announced Thursday that investigators found no evidence of an intentional crime following the October 17 crash at the Stryker Sports Complex in Wichita. The incident, which occurred around 3:30 p.m., also injured 10 other people when the vehicle accelerated into a playing area.
“I can not only find no evidence of an intentional crime, I can find affirmative evidence that there was not an intentional crime,” Bennett said during a news conference.
The victims, Cole Adrian, 6, and Nicholas Schafer, 35, were both from McPherson, Kansas. They were not related, according to officials.
The driver had traveled approximately 200 miles from Garden City to the sports complex for her children’s games. She was driving her husband’s truck because her own vehicle was experiencing tire air pressure issues, officials said.
While parked in a stall, the woman reportedly reclined her seat to take a nap. One of her children went to warm up for a game, while a 14-year-old child placed a sunshade over the windshield to provide privacy while the mother slept, officials said.
The vehicle, which was parked behind a 7-inch curb, eventually accelerated and drove straight toward a sideline area. Investigators examined whether the driver moved in her sleep and shifted the vehicle from park into drive, though Bennett noted this is unlikely because the gear shift is loud and requires the foot to be on the brake.
A police recreation using a similar vehicle and an officer of similar proportions suggested that if the truck were in drive, it would rest against the curb but not necessarily climb over it. However, one of the child’s accounts indicated that as the mother turned from her back to her side, her foot may have hit the accelerator.
“Mom says she wakes to, her kids are screaming, she looks up, she’s disoriented, she’s trying to sit up from a completely relaxed position to sit forward,” Bennett said.
Wichita Police Chief Joe Sullivan said that the investigation was thorough and examined every lead. The driver cooperated with authorities and voluntarily provided blood samples, which tested negative for any intoxicating substances, Sullivan said.
To rule out mechanical failure, a General Motors engineer and technician examined the truck. No mechanical problems were found, and the vehicle was not subject to any active recalls, according to Sullivan.
The district attorney also said that criminal recklessness charges would not apply because that legal standard requires a person to consciously disregard a substantial risk. Investigators found no evidence of prior conflicts involving the woman at the complex, and no witnesses reported any issues with her before the accident.
“There are families, friends, witnesses, first responders and members of this community who will forever carry the weight of that day,” said Wichita Police Chief Joe Sullivan.
The families of the victims and those injured were notified of the findings by police and the district attorney’s office.