The driver of the pickup truck that struck and killed two people and injured 10 others at Wichita’s Stryker Sports Complex will not face criminal charges, according to Sedgwick County District Attorney Marc Bennett.
Bennett announced the decision Thursday during a news conference with Wichita Police Chief Joe Sullivan, following a nearly month-long investigation into the October 17 crash.
The victims were identified as 35-year-old Nicholas Schafer and 6-year-old Cole Adrian, both of McPherson.
Investigators determined the 34-year-old driver had traveled from Garden City to Wichita with her children, who were participating in soccer games at Stryker. She was driving a pickup that was not her usual vehicle.
According to Bennett, the woman had parked near one of the soccer fields and was sleeping in the truck shortly before the crash. She believed she had placed the vehicle in park. While she was asleep or falling asleep, one of her children put sunshades in the windshield. Shortly afterward, the pickup jumped a curb and drove onto the soccer field.
Investigators examined several possible explanations, including a medical emergency, impairment, a mechanical malfunction, an intentional act, or the possibility that the vehicle was accidentally shifted into drive while the woman or one of her children was inside.
Authorities ruled out a medical emergency, impairment, mechanical failure and an intentional act. However, investigators could not determine exactly who shifted the truck into drive or when it happened.
Police reviewed 60 videos, examined 41 emergency calls and interviewed more than 100 witnesses. Investigators also obtained a blood sample from the driver, which showed no impairing substances. Her medical records were also reviewed, and police found no evidence she was impaired at the time of the crash.
Investigators also examined the pickup's mechanical history and checked for recalls. No mechanical problems were discovered.
Bennett said Kansas law requires evidence of an intentional, knowing or reckless act to pursue criminal charges in this case. While the circumstances could appear negligent, he said negligent homicide is not a chargeable offense in Kansas, and the evidence did not meet the requirements for vehicular homicide.
"This is not a crime, and I cannot charge this driver with a crime," Bennett said.
Chief Sullivan said the driver had no confrontations at the complex that day and expressed extreme regret following the crash.
Authorities met privately with the victims' families before announcing the decision. Sullivan acknowledged that the investigation may never provide answers to every question surrounding the tragedy.
Bennett said investigators worked to learn everything possible before reaching the decision, emphasizing that every lead and piece of evidence was examined.
