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Sandra (Ennis) Nunn
Top Member

Canada
1180 Posts

Posted - 01/28/2005 :  3:47:24 PM  Show Profile  Reply with Quote
Clover Park schools worker won’t go to jail for accident that killed boy

STACEY MULICK; The News Tribune - January 28th, 2005

Cathleen Hentze walked into the Pierce County courtroom Thursday expecting the worst.

The jury had taken only four hours to decide whether she was guilty of vehicular homicide in the 2003 death of a 13-year-old Lakewood boy she hit and killed with her school bus.

Hentze, 43, sat tensely as the 12 jurors returned to the courtroom.

Moments later, Superior Court Judge Lisa Worswick announced the jury had found Hentze not guilty in the Dec. 15, 2003, death of Marcus Morgan.

Prosecutors had alleged Hentze was impaired by morphine at the time of the accident. Jurors said the evidence did not convince them of that.

“No one won here,” a tearful Hentze said afterward. “I know I didn’t do anything wrong.”

The verdict devastated Morgan’s family.

“It comes as a great shock,” a family statement released by attorney Jeff Sadler said. “They wonder how our justice system can allow a multiple offender with a history of drug use and abuse escape justice.”

Hentze, a bus driver with the Clover Park School District since 2000, had just finished a new route that morning.

She started turning left as Morgan, a seventh-grader at Mann Middle School, stepped into the crosswalk at 112th Street Southwest and Military Road about 7:25 a.m.

The bus hit Morgan, knocking him to the ground. He was killed when a back wheel ran over him.

Prosecutors charged Hentze with vehicular homicide, alleging she was under the influence of morphine and other prescription drugs at the time and that she was driving the school bus with disregard to the safety of others.

During the trial, they argued that Hentze – the morphine affecting her vision and her reaction time – couldn’t see Morgan in the crosswalk and didn’t react when the bus hit him.

“We felt we had sufficient evidence to prove that the morphine affected her driving and the jury wanted more evidence,” prosecutor Grace Kingman said. “And that is their prerogative.”

Hentze’s attorneys argued she wasn’t impaired because she had built up a tolerance to the drug, which was prescribed to her to manage the pain from a degenerative disease.

Hentze didn’t see Morgan as he crossed the street because of a design defect with the school bus mirrors, her attorneys said.

“There simply was no evidence Cathy Hentze was impaired by morphine sulfate,” defense attorney Michael Kelly said Thursday. “We believe the case should never have been filed in the first place.”

Morgan’s family has sued Hentze and the Clover Park School District, accusing them of negligence and unlawful conduct in the boy’s death.

That trial is scheduled for December.

Hentze, who had been on paid administrative leave since the accident, resigned last week. She said she thinks about what happened every day.

“I can’t even imagine” what his family is going through, said Hentze, who has a 15-year-old daughter. “There is not a word I can say for how bad I feel for them.”

http://www.thenewstribune.com/news/local/story/4493923p-4225961c.html



http://www.rememberallyceea.com

John Farr
Top Member

USA
642 Posts

Posted - 01/29/2005 :  09:53:12 AM  Show Profile  Reply with Quote
I respect the jury's decision, however the employer, in my opinion, should never have permitted anyone to drive a school bus when taking such medication - unless an impartial, employer-approved doctor gave their approval.
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buslady-582
Advanced Member

USA
334 Posts

Posted - 01/29/2005 :  10:23:15 AM  Show Profile  Reply with Quote
I agree john. In fact how can it be allowed at all? I had no idea you could drive a bus at all under any medication that's a narcotic. I know with Rx some meds pass random....but a narcotic?

Bus Nut


see my " Buster" #582
1994 BB TC2000

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myschoolbusorg
Active Member

USA
31 Posts

Posted - 01/29/2005 :  4:15:39 PM  Show Profile  Visit myschoolbusorg's Homepage  Reply with Quote
I wonder about the "design defect" of the mirrors?
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JK
Top Member

USA
7307 Posts

Posted - 01/29/2005 :  6:34:06 PM  Show Profile  Visit JK's Homepage  Reply with Quote
quote:
Originally posted by myschoolbusorg

I wonder about the "design defect" of the mirrors?



Mirror manufactures have warned over and over about placing too much trust in the bus mirrors. The mirrors themselves create blind spots, visual distortion and distractive focus. Someone can be suddenly in view in one mirror when the driver is dutifully looking in another mirror. Simple over-the-counter cold, flu, and allergy medications can be every bit or more disorientating, although slight and often unnoticeable, than as would be the case with many prescription pain medications. One beer in the belly before driving is safer than either for some. The jury was not convinced the prescribed medication was to blame and I agree that may well be the case. It makes sense to consider that several hundred pedestrians are run over by trains every year. The bus is big and it is loud, near equally hard to miss as would be a train when the pedestrian is paying the slightest attention. (jk)

Click Here to find out The #1 reason school bus drivers quit

Edited by - JK on 01/29/2005 6:40:25 PM
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news
Top Member

Canada
2951 Posts

Posted - 03/09/2006 :  03:24:07 AM  Show Profile  Reply with Quote
District settles in WA boy’s death for $1.5 million

March 9th, 2006 - The News Tribune, WA -- The parents of a boy who was hit and killed by a school bus have settled their lawsuit against the Clover Park School District for $1.5 million. The Washington Schools Risk Management Pool, which represented the district and the bus driver, will pay the settlement, but the district and the driver did not admit fault, the plaintiffs’ lawyers said.

click for story



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william
Top Member

USA
1912 Posts

Posted - 03/09/2006 :  3:05:47 PM  Show Profile  Click to see william's MSN Messenger address  Reply with Quote
Maybe the prescribed medication was not to blame, per se, JK, but how can you justify the negligence of a person taking morphine and other prescription drugs and then driving a large vehicle. And if her body had built up such a tolerance to the drug, what would be the reason for taking it in the first place? Those of us who drive school buses, know that we have to look around the blind spots these mirrors create. I don't know about you, but I wouldn't want some driver taking morphine or other drugs driving my grandchildren. Please tell me, JK, why you thought it was important to stress the fact that she was taking prescription drugs.

I don't for one minute believe that this lady intended to run a child down, But I want someone to tell me how she could be taking pain-killing medication and not be impaired, when as JK pointed out, you can be impaired by the antihistamines you take for a common cold. And I know for a fact that there is a warning against driving or operating machinery on the labels of those medicines.

It seems that accountability is becoming passe in this country, and I can understand why that child's family was devastated by this verdict. The only difference I see in this verdict and the O.J Simpson, verdict is it took a little more time for them than it did in O.J's fiasco. Respect for the jury's decision? I don't think so.

William

Edited by - william on 03/09/2006 10:52:22 PM
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80-RE4
Top Member

USA
5700 Posts

Posted - 03/11/2006 :  5:05:06 PM  Show Profile  Reply with Quote
I've never taken a morphine, however I was prescribed Percocet one time for something before I started driving and then my wisdom teeth....and I made sure to do it over vacation because those things make you feel very silly and odd-- they make you feel high. I am not sure if percosett is compared to morphine, but I do know that Percocet is a narcotic pain killer and I would refrain from driving the school bus. There are medications that are approved by the DTE or DOT that are allowable to take the medication. Many drivers use them, many drivers put that down on the physical form, many drivers don't put that on the physical form. If morphine does to you what prescribed percocet does to you, then I would have stayed away from driving the bus. Just my opinion.

But she was proven innocent and that's all that matters.
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80-RE4
Top Member

USA
5700 Posts

Posted - 03/11/2006 :  5:15:44 PM  Show Profile  Reply with Quote
quote:
Originally posted by buslady-582

I agree john. In fact how can it be allowed at all? I had no idea you could drive a bus at all under any medication that's a narcotic. I know with Rx some meds pass random....but a narcotic?



Buslady, many medications are approved to take while driving a school bus. Many school bus drivers are on medication for depression, anxiety and the like. Effexor, Celexa, Lexapro, many SSRI meds, the list is never ending. Some bus drivers will say right in front of the manager- it's time to take my medication, and that's OK, because they passed the physical, the employer knows about it and the DOT or DTE and state knows. My co-worker is so open about her medication, she brings her bottle with her and says Oh gotta go take my medication- she's not embarrassed about it, why should she be? She's not hiding anything. I highly doubt that a narcotic would be allowed, that's why I think when they ask you on the test if you have taken narcotic medications.....but most people lie. A lot of people lie on those forms. Actually, a whole lot of people lie on those forms. So some RX meds are OK, some are not. Anyone who is taking a narcotic medication, should be weaned off of it, or should not qualify as a school bus driver, unless something happens and they have to take a leave of absence, then return to work, or seek substance abuse programs.

But...there are many people taking RX meds, I know that women take Effexor for "women" issues but effexor is also an anti depressant, but it should be listed when you go for your yearly physical, but some don't.

Morphine, hmmm that's a different story though, I thought that was a drug that made you do koo-koo things. But it was a legal Rx.
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william
Top Member

USA
1912 Posts

Posted - 03/11/2006 :  8:03:13 PM  Show Profile  Click to see william's MSN Messenger address  Reply with Quote
In the link to this story, it was alledged that this lady had a history of drug abuse. I still have to marvel at how the jury could come to the conclusion that the use of morphine did not impair that driver. I don't know what state this accident took place in, but if the state will allow someone to operate a bus while taking narcotics, I guess you could not expect a verdict other than that rendered.

William
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80-RE4
Top Member

USA
5700 Posts

Posted - 03/11/2006 :  8:57:11 PM  Show Profile  Reply with Quote
william i didnt realize she had a history of drug abuse. maybe that was w/held from the case? @least she wont be driving buses anymore
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jjsmalwoo1226
New Member

1 Posts

Posted - 09/21/2011 :  1:06:24 PM  Show Profile  Visit jjsmalwoo1226's Homepage  Reply with Quote
In the police report it is noted that Marcus Morgan waved his hands in front of him several times to indicate he was in the crosswalk (at the bus driver). He had the right of way and the crosswalk light (walking man) was lit (you have to push the button to get the walking man, shouldn't she have seen that in plain view?). Also several bystanders yelled out to the driver. I have personally been on that street, and walked the crosswalk (which is VERY short) It seems that speed may have also played a factor, as I couldn't imagine NOT seeing someone on the small two lane road. School bus drivers, in my opinion, should be highly aware of their surroundings as they are entrusted with some of the most precious cargo in the world. I also cannot believe this woman (Cathleen Hentze) served NO jail time, and said "she did nothing wrong". And yes, there are no winners in this verdict, and a boy has been stolen from his family.
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JK
Top Member

USA
7307 Posts

Posted - 09/21/2011 :  3:08:49 PM  Show Profile  Visit JK's Homepage  Reply with Quote
Wow, old thread comes back to life.

Well, something went on in court that we are not privy to, which caused the jury to make the decision they did. I do not think it was some sort of conspiracy to fine the driver not guilty.

More than one doctor has explained that drugs, such as morphine and even marijuana, can have less of a disorientating effect when measured carefully for a task the drug is designed for. Taking these medications without a body's need for them and overdosing is when issues such as confusion can become more prominent in most persons.

Regardless, the morphine must have been a mild dose for a specific task, or no doctor would recommend driving any vehicle or operating other machinery when taking that drug. Morphine in liquid form in an IV is my danger zone drug, loved it when in the hospital - took weeks to overcome the desire for more.

I do not myself take any pain medications or anti-depressants, but the blood pressure and other heart related prescription drugs I do take all warn of the potential for drowsiness.

To offset that effect I separated the time I took these individual medications, kept the environment on the bus as stress-free as possible, as well as making sure to get a good night's rest every day when on the job.

Now retired not so big an issue - stress is nearly nonexistent, blood pressure reaching a point medication may not be needed much longer, and feeling more energy available than over most of the past ten years.

Driving sick was my most abusive to self and most unsafe behavior behind the wheel of a school bus. For whatever reason didn't accept the risk involved until making a mistake before finally accepting taking the rest of the day off, and any additional days needed.

Consider myself very lucky not to have crashed the bus at least once in some twenty years driving. Plenty less fortunate than me have crashed their buses. . Over all those years did once damage a mailbox, and clipped a trash can blowing into the road on one occasion, but that’s it, no crashes with other vehicles or persons.

Some have said, "But for the grace of God." I suppose, and perhaps some uncanny luck also got me through those years. In any case I'm near constantly thankful that my many mistakes behind the wheel over the years did not cost a person's life. (jk)

Link to 2safeschools on Facebook.

Edited by - JK on 09/30/2011 08:23:22 AM
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Mr. Dave
Senior Member

United States
120 Posts

Posted - 10/01/2011 :  08:59:53 AM  Show Profile  Reply with Quote
In all of education those in contact with the children are underpaid for what they do. We can not pay for the bus drivers we need as it would break the budjet. Still the bus drivers I worked with were dedicated, and did their best to safely transport the children. Many had to quit for finantial reasons, due to burnout, or were fired to placate unreasonable parents. Like JK I am lucky to have not screwed up.

Shiny side up

Greasy side down
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