Nov 21, 2009 3:09 pm US/Central
Indiana Bus Driver Found Not Guilty Of Neglect
VALPARAISO, Ind, (Sun-Times Media Wire) ―
It took a jury less than an hour Friday to find a Portage Township (Ind.) Schools bus driver not guilty of letting three students terrorize his bus.
Terry Burch, 69, had been charged with felony neglect of a dependent for events that happened on his bus last school year, culminating with a sexual assault Feb. 5 where one juvenile male forced a girl's head into the exposed crotch of another male. He had faced up to three years in prison.
Defense attorney Greg Sarkisian issued a statement from his client Friday, stating, "Mr. Burch wants to thank each juror for speaking the conscience of our community -- he's glad it's over."
During the trial, the prosecution portrayed Burch as someone who only cared about getting his job done.
"There was no order on that bus. There were fires; girls were being sexually assaulted; things were thrown out the window; people were being hurt," deputy prosecutor Timothy Haraminac said in closing arguments. "His responsibility was to those students."
The charge of neglect of a dependent requires some harm done to the minor, and Haraminac said the girl who filed charges from the Feb. 5 incident qualified. "She suffered fear. She suffered humiliation," he said.
The defense said in its closing argument that the
school system was trying to use Burch as a scapegoat when administrators didn't back up bus drivers.
"They thought that he would roll over and play dead, accept the consequences of the administration's mistakes," Sarkisian said.
The trials for the juveniles, who were waived to adult court last summer, are planned for next year.
Charles McCloud-Smith and Joe Carnell are scheduled for trial on Jan. 11. Carnell has been charged with felony attempted sexual battery, strangulation and intimidation. McCloud-Smith has been charged with five felonies, including strangulation and sexual battery.
Ashley Jovan Toney is scheduled for trial Feb. 2 and has been charged with three felony sexual battery charges and one felony criminal confinement charge.
Sarkisian said that Burch, who kept quiet during the waiver hearings, isn't seeking to testify at their trials.
"If he's called, he'll tell the truth," Sarkisian said. However, "he doesn't want to see another courtroom as long as he lives."
(Source: Sun-Times Media Wire © Chicago Sun-Times 2009. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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