A 34-year-old woman whose pickup truck accelerated onto a soccer field in Wichita, Kansas, killing two people, will not face criminal charges, the Sedgwick County district attorney announced Thursday, saying he could not prove she consciously disregarded a tremendous risk to people on the field.
Investigators believe the woman, a soccer mother napping in her Chevrolet 1500, had failed to put the vehicle in park and likely put her foot on the accelerator while sleeping at the Stryker Sports Complex on 17 October, according to a 28-page report by District Attorney Marc Bennett.
Two people died at the scene: six-year-old Cole Adrian and 35-year-old Nicholas Schafer, both from McPherson, Kansas. Ten others, ranging from five to 68 years old, were reported injured and treated at area hospitals.
Bennett acknowledged the decision might seem strange to the public. His 28-page report listed possible crimes but said none fit the tragedy under Kansas law. “If I could charge somebody, why wouldn’t I?” he told a news conference. “But I also have an obligation to stand up and say, ‘It’s not here.’”
The report said the woman had driven to the soccer field with three children that day. After two games, she left the complex for a meal and returned about 2:30 pm for another game. While one child went to play, the mother and her other two children stayed in the pickup. She said she was going to nap, and a daughter covered the windshield with a two-panel sunscreen. Less than an hour later, the vehicle began moving.
“There is no evidence to support the conclusion that she knew the truck was still in drive, or evidence to explain what motive she would have had to do so,” the report stated.
Wichita police detectives ran a test, parking a Chevrolet 1500 in the same spot while in drive. “We sat there and waited and waited,” Bennett said. “After about 15 minutes we went, ‘This truck isn’t moving.’ … Tires against a 7in curb and it did not move.”
Investigators said more than 30 witnesses were interviewed. The report said blood tests showed no evidence of drugs that would have impaired the driver’s judgment. The woman awoke to screams and the feeling of the vehicle moving, the report said. People who pulled her from the truck found her “sobbing, at turns described as frantic, hysterical, saying, ‘I’m sorry, I’m sorry. What have I done?’” according to Bennett.
Wichita Police Chief Joe Sullivan said his department spoke to victims and families before the report was released: “Every lead was examined. Every piece of evidence was reviewed. Every reasonable avenue available to us was pursued … Our responsibility is not to fill gaps with assumptions or speculation.”
Bennett said the case could be tried in civil court.
Analysis
Why This Matters
- The decision leaves the victims' families without a criminal resolution, though a civil case remains possible.
- The case highlights the limits of criminal law in accidents involving unintentional actions while asleep.
- It raises questions about vehicle safety features that might prevent such unintended acceleration when a vehicle is not in park.
Background
The incident occurred on 17 October at the Stryker Sports Complex in Wichita, Kansas. The 34-year-old woman was napping in her pickup truck while her child played in a youth soccer tournament. The truck crossed a 7-inch curb and onto the field, killing two and injuring ten. Sedgwick County District Attorney Marc Bennett conducted a 28-page investigation and announced the decision against charges on Thursday.
Key Perspectives
Marc Bennett, Sedgwick County District Attorney: "I cannot prove she consciously disregarded a tremendous risk to people on that field." He noted the case does not fit any applicable crime under Kansas law.
Joe Sullivan, Wichita police chief: "Our responsibility is not to fill gaps with assumptions or speculation."
What to Watch
- Whether civil lawsuits are filed against the driver or the vehicle manufacturer.
- Any public or legislative response to the case, potentially prompting changes in Kansas criminal statutes for unintentional deaths.
- The driver's medical and legal status following the event.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedThe Kansas mother whose truck killed two people on a soccer field will not face charges.World news | The Guardian: “A soccer mom napping in her pickup truck when it suddenly accelerated on to the field at a Kansas youth tournament where her child was playing, killing two people, won’t face criminal charges, a prosecutor has said.”
- SupportedThe prosecutor said no possible crime fit the tragedy under Kansas law.World news | The Guardian: “Bennett’s 28-page report listed possible crimes that might be triggered when a person causes the death of another person but said none fit the soccer field tragedy under Kansas law.”
- SupportedThe woman was 34 years old.World news | The Guardian: “Investigators believe the 34-year-old woman had failed to put the Chevrolet 1500 in park”
- SupportedInvestigators believed she had failed to put the Chevrolet 1500 in park and likely pressed the accelerator while sleeping.World news | The Guardian: “Investigators believe the 34-year-old woman had failed to put the Chevrolet 1500 in park and likely put her foot on the gas pedal while sleeping”
- SupportedThe incident happened at Stryker Sports Complex in Wichita on 17 October.World news | The Guardian: “while sleeping at the Stryker Sports Complex in Wichita on 17 October.”
- SupportedBennett said he could not prove she consciously disregarded a tremendous risk to people on the field.World news | The Guardian: ““I cannot prove she consciously disregarded a tremendous risk to people on that field,” the Sedgwick county district attorney, Marc Bennett, said on Thursday.”
- SupportedCole Adrian, six, and Nicholas Schafer, 35, both from McPherson, Kansas, were killed at the scene.World news | The Guardian: “The two people killed at the scene were Cole Adrian , six, and Nicholas Schafer, 35, both from McPherson, Kansas, police said.”
- SupportedTen others, aged five to 68, were reported injured and treated at area hospitals.World news | The Guardian: “Ten others ranging in age from five to 68 were reported injured and treated at area hospitals.”
- SupportedBennett said, “If I could charge somebody, why wouldn’t I?”World news | The Guardian: ““If I could charge somebody, why wouldn’t I?” Bennett said at a news conference.”
- SupportedThe report said there was no evidence she knew the truck was still in drive or evidence explaining a motive for that.World news | The Guardian: ““There is no evidence to support the conclusion that she knew the truck was still in drive, or evidence to explain what motive she would have had to do so,” the report said.”
- SupportedInvestigators interviewed more than 30 witnesses, and blood tests showed no evidence of drugs that would have impaired the driver’s judgment.World news | The Guardian: “Investigators said they interviewed more than 30 witnesses. Blood tests showed no evidence of drugs that would have impaired the driver’s judgment, the report said.”
- SupportedBennett said the case could be tried in civil court.World news | The Guardian: “According to Bennett, the case could be tried in civil court.”