Wichita, Kan. – District Attorney Marc Bennett told reporters Thursday that the driver involved in the tragic crash at a local soccer field will not face criminal charges. The accident, which claimed the lives of 6‑year‑old Cole Adrian and 35‑year‑old Nicholas Schafer, both residents of McPherson, Kansas, is being treated as a civil matter under a negligence standard.
Investigation findings
Bennett outlined six possible scenarios early in the investigation, including medical emergency, impairment, mechanical failure, intentionality, an accidental shift into drive, or failure to put the vehicle in park. He quickly eliminated impairment and intentionality, noting no evidence of alcohol, drugs, or a purposeful act.
The prosecutor’s 28‑page report indicates the driver believed the truck was in park after pulling into a parking spot near the field. The vehicle’s seat was reclined, and the driver reportedly told her children she was going to take a nap. Investigators determined the truck remained stationary for about 50 minutes because a 7‑inch curb blocked movement. When the driver fell asleep, the accelerator was pressed, causing the truck to roll over the curb and onto the field.
Legal reasoning
Under Kansas law, reckless conduct is defined as a conscious disregard of a substantial risk. Bennett said the evidence does not support a finding of conscious disregard, knowledge, or intent. “There are no facts uncovered by this investigation to suggest this was an intentional act. There are no facts to conclude this was a knowing act,” he stated. He added that the driver’s actions constitute at most a single act of negligence, which the Kansas Supreme Court deems insufficient for vehicular manslaughter charges.
Because the conduct does not rise to the level of criminal recklessness, the DA concluded the case will proceed only as a civil matter. “This is not a crime, and I cannot charge this driver with a crime,” Bennett said, emphasizing his responsibility to the community to be transparent about the decision.
Community response
County officials expressed sympathy for the families, offering condolences and support. The tragedy has sparked concern among parents and local residents about safety at community sports venues. While the DA’s decision may not satisfy all who seek criminal accountability, officials stressed that the civil avenue remains open for families seeking restitution.
The full investigative report is available on the Sedgwick County District Attorney’s website for anyone wishing to review the detailed findings.
Original reporting: 40/29 / KHBS (NW Arkansas) — read the source article.
