DA chooses not to press charges against driver who killed 2 on soccer field during youth match

WICHITA, Kan. (KWCH/Gray News) - The driver of a pickup that hit and killed two people and injured nearly a dozen others at a sports facility last month will not face charges.

Sedgwick County District Attorney Marc Bennett and Wichita Police Chief Joe Sullivan provided the update this week on the investigation.

Sullivan said they met with the families of the victims privately before publicly announcing the decision.

Nick Schafer, 35, and 6-year-old Cole Adrian, both of McPherson, were killed in the crash.

Police said the driver drove to the Stryker Complex from Garden City with her children, who were playing soccer at the facility that October day.

The driver was not identified, other than being called “she.”

Bennett said the driver reported that the pickup was not her usual vehicle. She was sleeping in the vehicle just prior to the crash and believed she had put the pickup into park.

While she was either asleep or falling asleep, one of her children put the sunshades up. Soon after, the pickup jumped the curb and went onto the field of play.

Bennett said he considered six possibilities as reasons for the crash:

• A medical emergency.
• Impairment or intoxication.
• A vehicle mechanical malfunction.
• An intentional act.
• One of the children or the woman, while she slept, inadvertently put the vehicle into drive.
• As the driver pulled up to the curb, she was confused about the gear the car was in.

Bennett ruled out the first four possibilities. He said he did not reach a conclusion about the other two.

He said for charges to be filed, the act had to be intentional, knowing and/or reckless.

Bennett determined that not only was there no evidence that the act was intentional, but in fact there was evidence that it was not done on purpose.

“This is not a crime, and I cannot charge this driver with a crime,” Bennett said.

According to Bennett, though the crash may have appeared to be an act of negligence, negligent homicide is not a chargeable offense in Kansas. He said that the collision did not meet the standards for vehicular homicide, a misdemeanor in Kansas.

Sullivan said the woman had no confrontations at Stryker that day. She hysterically expressed regret following the incident.

Police noted that they reviewed 60 videos and 41 emergency calls, interviewing more than 100 witnesses.

One of the first witnesses who communicated with the driver was an off-duty law enforcement officer. That officer recorded the interaction.

To determine the driver’s condition, a blood sample was taken. There were no impairing substances in the blood. The driver’s medical records were also subpoenaed.

Bennett said the philosophy going into the investigation was to “know everything that was knowable.”

Sullivan said medical records and videos offered no evidence that the driver was impaired.

“Every lead was examined. Every piece of evidence was reviewed,” Sullivan said.

No mechanical issues were found with the vehicle. Sullivan said that if the vehicle had been left in park, it would not have been able to clear a curb, enabling it to approach the soccer fields.

That left questions about the exact circumstances behind who put the vehicle into drive and when and how it was shifted.

“There are some questions that we may never be able to answer with complete certainty,” Sullivan said.