NATIONAL COALITION OF SCHOOL BUS SAFETY NEWS 2007

Experts On Deck In Ex-Bus Driver's Manslaughter Trial
May 28, 2007

Jurors are expected to hear a contest between experts in the manslaughter trial, beginning today, of a former Pasadena school district bus driver accused of recklessly killing a 9-year-old girl as she rode her bike to school.

Jerry Michael Cook originally was charged with murder after running over Ruth Young on Aug. 18, 2005, but a Harris County grand jury indicted him on the manslaughter charge. While rejecting the murder charge, grand jurors also declined to issue an indictment on a less-serious charge of negligent homicide.

Cook's attorney, Robert Fickman, said he expects a traffic reconstruction expert to contradict the prosecution's expert.

"In the end, this was a tragic accident," Fickman said during jury selection last week. "But that's what it was: an accident."

Assistant District Attorney Warren Diepraam alleges that Cook, 43, recklessly caused the death by failing to maintain a proper lookout and failing to yield the right of way.

The incident happened during the second week of the school year. Police said Cook was beginning his route to Dobie High School shortly after 7 a.m. He had picked up several students and was beginning to turn left when he struck the girl, who was crossing the street.

Ruth, a fourth-grader at Frazier Elementary School, was riding her bike on Hughes and was a block from school when she was run over trying to cross Sageburrow. Tests showed that Cook did not have drugs or alcohol in his system.

State District Judge Marc Carter ruled last week that prosecutors can show the jury photos of the body. But they will not be allowed during the guilt-innocence phase to tell jurors about Cook's two convictions for driving without insurance.

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