Prosecutors decline charges in deadly Wichita soccer field crash
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WICHITA, Kan. — A woman whose pickup truck plowed into a youth soccer game in Wichita, killing two people and injuring 10 others, likely fell asleep without realizing her vehicle was still in drive, according to newly released investigative findings.
Sedgwick County District Attorney Marc Bennett announced Thursday, November 12, that no criminal charges will be filed against the 34-year-old woman from Garden City.
"This is not a crime, and I cannot charge this driver with a crime," Bennett said.
The October 17 tragedy at Stryker Sports Complex killed 6-year-old Cole Adrian and 35-year-old Nicholas Schafer, both of McPherson, Kansas. Ten others, ranging in age from 5 to 68, were injured.
According to Bennett's 28-page report, the woman had driven more than 200 miles from Garden City to Wichita with her three children for soccer games.
After returning to the sports complex that afternoon, she parked her husband's Chevrolet Silverado near a soccer field, reclined her seat and went to sleep.
Investigators believe she may have mistakenly left the truck in drive, with a 7-inch curb preventing it from moving.
The leading theory is that the woman inadvertently pressed the accelerator while sleeping, causing the truck to jump the curb and accelerate toward the soccer field.
To test that possibility, Wichita detectives obtained a truck of the same make, model and approximate mileage.
They discovered the vehicle could remain stationary against the curb while in drive, even without pressure on the brake. Pressing the accelerator caused it to move over the curb.
Additional evidence supported the theory.
Two of the woman's children reported finding the truck's doors locked after she went to sleep. Investigators determined the Silverado automatically locks its doors when placed in drive.
Surveillance footage showed the truck remained stationary for approximately 46 minutes before suddenly accelerating toward the field at 3:22 p.m.
A sunshade remained across the windshield as the truck entered the soccer field.
Witnesses described the driver as appearing sleepy and confused after the crash. She reportedly cried hysterically and repeatedly apologized.
Investigators also ruled out several other possible explanations.
Toxicology testing found no impairing substances in the woman's blood. A review of her medical records revealed no relevant medical condition, and General Motors specialists found no mechanical defects that could explain the crash.
Bennett said investigators considered six possible scenarios before determining that the woman likely believed she had placed the truck in park before falling asleep.
While the mistake may constitute negligence, Bennett said Kansas law requires more than a single negligent act to support a vehicular homicide charge.
Prosecutors also found no evidence the woman intentionally, knowingly or recklessly drove onto the field.
"As bad as this was, it is not a crime," Bennett said, explaining that questions of civil negligence are separate from criminal prosecution.
The decision follows nearly a month of investigation involving more than 100 interviews, surveillance recordings, forensic examinations and vehicle testing.
Wichita Police Chief Joe Sullivan said investigators met with the victims' families before publicly announcing the findings.
Bennett indicated the criminal investigation is effectively concluded, saying he does not anticipate additional evidence changing the decision.
"I think we're done here," he said.