The Arkansas State Police on Wednesday submitted to prosecutors an investigative report on the death of a seventh-grade student who was struck by a motorist after stepping off a school bus.
Jazmin Hernandez Rojo, 12, died Monday after she was hit by a Ford Explorer while crossing U.S. 70 in Pike County.
Now that the report has been filed, Prosecuting Attorney Bryan Chesshir of the 9th Judicial Circuit-West will review it before deciding whether to file criminal charges against 88-year-old Dwight L. Moody of Delight. Officials had refused to name Moody on Tuesday, citing the ongoing investigation.
The school bus was heading east when it stopped at 1932 U.S. 70 to drop off Jazmin at her home. All of its emergency lights and signals were flashing, according to a state trooper's preliminary fatal crash summary.
Moody and his passenger, Dorothy Moody, 84, were headed west.
At 3:25 p.m., as Jazmin crossed the highway, she was hit by the Explorer. She was airlifted to Arkansas Children's Hospital in Little Rock, but later died from her injuries.
Jazmin's death immediately prompted a debate on Facebook between those who believe that Moody should be prosecuted and punished and others who defended him, citing his age and reputation in the community.
The Arkansas Democrat-Gazette couldn't find a phone number for Moody, so he couldn't be reached for comment Wednesday evening.
A law passed in 2005 classifies a charge of negligent homicide as a Class C felony when it stems from killing someone while passing a stopped school bus.
The legislation, known as "Isaac's Law," was passed in response to the 2004 death of 9-year-old William "Isaac" Brian, who was killed when he was struck by a Jeep Grand Cherokee after getting off a school bus in Benton.
At that time, Saline County Prosecuting Attorney Robert Herzfeld expressed concern that existing state law did not allow him to charge the driver with a felony.
In that case, Tiffany Nix, 25, told police that she was driving in the opposite direction of the bus and did not realize it was stopped. She initially was charged with negligent homicide, a misdemeanor, in addition to passing a stopped school bus. Witnesses said the bus was stopped with its warning lights flashing at the time of the accident.
Prosecutors upgraded the charge against Nix to felony manslaughter after test results detected opiates and methamphetamine in her blood. The felony count carried a possible sentence of three to 10 years in prison and a $10,000 fine.
Nix later pleaded guilty to felony manslaughter and a misdemeanor count of passing a stopped school bus. Under the negotiated plea, she was sentenced to 10 years of supervised probation and 10 days in the county jail, with each of those days to be served on the anniversary of Isaac's death for the duration of her probation.
The judge also ordered Nix to take a one-day tour of a state prison, undergo drug screening, perform 400 hours of community service and pay $5,694.62 to the William Isaac Brian Memorial Scholarship Fund, as well as $400 for DNA testing and court costs. The payment to the scholarship fund equaled the family's funeral expenses.
Prosecutors sought the plea agreement at the request of Isaac's parents, Shari and William "Kelly" Brian, who wanted to give Nix a chance to remain at home with her own children.
Three years later, however, Nix violated her probation and was sentenced to two to four months in jail.
Just 21/2 months ago, the Arkansas Department of Education launched a new campaign designed to call attention to the law that prohibits motorists from passing a school bus that is loading or unloading students.
The campaign started in mid-August as students headed back to school. In a public service video, 2014 Arkansas Teacher of the Year Jonathan Crossley reminds motorists that a school bus stops for an average of three minutes -- a short amount of time for motorists to wait, but "it's enough time for a tragedy to occur."
State Desk on 10/30/2014