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A 34-year-old mother whose pickup truck struck people at a youth soccer tournament in Wichita, Kansas, killing a six-year-old boy and a 35-year-old man, will not face criminal charges following an investigation into the October 17 crash.
Sedgwick County District Attorney Marc Bennett announced the decision on November 12, saying investigators found no evidence that the woman had deliberately driven into the crowd or was under the influence of drugs or alcohol.
"I can not only find no evidence of an intentional crime, I can find affirmative evidence that there was not an intentional crime," Bennett said at a news conference.
The victims, identified as Cole Adrian and Nicholas Schafer, both from McPherson, died at the scene at Stryker Sports Complex. Ten other people, ranging in age from five to 68, were treated at hospitals following the incident.
According to the investigation, the woman had driven more than 200 miles from her home in Garden City that morning with three children to attend their soccer games. She returned to the complex at around 2:30 p.m. after the family had left to get food.
One of her children went to play in another match while the woman stayed in the Chevrolet pickup with her two other children. She told investigators she was tired and intended to take a nap after the long drive.
The woman said she believed she had put the truck in park before reclining her seat. One of her daughters placed sunshades over the windshield, and video footage showed the vehicle remaining stationary for more than 45 minutes.
At approximately 3:22 p.m., the truck moved over a curb and onto the soccer field, striking people. The driver told investigators she woke up to her children screaming and realised the vehicle was moving. She struggled to reach the brake and eventually forced the gear shift into park, bringing the truck to a stop.
Witnesses who helped her out of the vehicle recalled her crying and repeatedly apologising.
Investigators considered six possible explanations for the crash. Their most likely scenario was that the woman had fallen asleep believing the truck was in park and inadvertently pressed the accelerator while sleeping.
Police also conducted a test using a similar Chevrolet pickup in the same parking space. The vehicle remained stationary while in drive until someone pressed the accelerator. More than 30 witnesses were interviewed, and toxicology results showed no evidence of impairment.
Bennett said he could not establish that the woman had consciously disregarded the risk to people on the field. "This is a civil matter that will be handled under a negligence standard, which is the standard in civil cases," he said.
Wichita Police Chief Joe Sullivan said authorities had spoken with the victims' families before announcing the findings, acknowledging that the decision would not undo the loss suffered by those affected.
"There are families, friends, witnesses, first responders and members of this community who will forever carry the weight of that day," Sullivan said.
