School bus driver cleared in crash that killed boy, 7

The Journal Sentinel staff

No criminal charges will be issued against the driver of a school bus involved in a chain reaction freeway accident that killed a 7-year-old boy in November, a prosecutor has decided.

"It was a tragic accident, but there is nothing that I've had a chance to review that would suggest it was criminal," said Assistant District Attorney Stephanie Rothstein.

Tou Xiong was killed Nov. 7 when the eastbound school bus he was in crashed into a flatbed truck carrying scaffolding just west of the 84th St. exit. The accident occurred after a motorist in the center lane stopped her car in traffic to close her hood after it opened.

After the bus and truck collided, another car crashed into the rear of the truck and burst into flames. The bus was carrying 16 children from the Calhoun Elementary School in New Berlin.

Ten children were injured in Leg 1 ends here the crash and taken to hospitals. The bus driver and two other adults in another vehicle were taken to Doyne Hospital in Wauwatosa.

The district attorney's office, Sheriff's Department and National Transportation Safety Board reviewed the accident to determine whether the school bus driver tried to avoid a collision.

Rothstein said the review showed that the bus driver was driving within the speed limit and tried to take evasive action and avoid the truck, but she was forced to remain in the center lane because of traffic on either side of the bus.

"She is greatly relieved that no criminal charges will be issued," said Michael F. Hart, the attorney for the 46-year-old bus driver. "She felt terrible about the accident and that the little boy died.

"She still carries that with her emotionally," Hart said.

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