School bus driver in fatal Rockland crash to plead guilty to misdemeanor charge

ROCKLAND, Maine (WABI) - On Tuesday, the man who was driving the school bus that struck and killed 12-year-old Brayden Callahan in Rockland last fall is expected to plead guilty to a misdemeanor charge.

65-year-old Jeffrey Colburn was originally charged with manslaughter, but that charge will be dropped.

Knox County District Attorney Natasha Irving explained the change in a statement to WABI.

Irving says last Monday all parties involved met to go over the evidence.

A judge reviewed a video that reportedly shows three children being let off the bus before Colburn closed the door, looked down for two seconds, then began driving, killing Brayden, Irving says.

Irving says that video is key evidence to prove criminal negligence, which is defined as “a gross deviation from the standard of conduct a reasonable person would use in the same situation.”

The judge told the DA’s office he did not believe there was enough to prove criminal negligence.

“There is no question that Mr. Colburn’s actions took the life of Brayden Callahan. There is no question that he acted with negligence. The only question is whether the act of looking down for a moment, while beginning to drive the bus, was a gross deviation,” said Irving.

You can read Irving’s full statement below:

On Monday, August 3, a prosecutor and a victim witness advocate from my office, along with the parents of Brayden Callahan, met with Justice William Stokes and defense counsel in the matter of State of Maine vs. Jeffrey Colburn for a Judicial Settlement Conference at the Knox County Courthouse. The purpose of these conferences is to bring parties together to negotiate this case in good faith, with significant input from an experienced Maine judge who has the benefit of reviewing all the evidence. During hours of discussion, I was called into the conference on speaker phone with my prosecutor, victim advocate and Justice Stokes, where he explained his analysis of the evidence. I couldn’t attend in person because I am prosecuting two serious felony matters that were being set for trial in Belfast.

Justice Stokes reviewed reports, and perhaps most crucially, a video of Mr. Colburn driving the bus. The video showed Mr. Colburn open the door to the bus to let three children off, then close the door, looking down for approximately 2 seconds, and begin driving, killing Brayden. This video is the key piece of evidence regarding criminal negligence, which is defined as a gross deviation from the standard of conduct a reasonable and prudent person would use in the same situation.

Justice Stokes, who was a homicide prosecutor, the chief of the criminal division at the Attorney General’s office, and a Maine Justice who has presided over dozens of homicide trials, told me that he did not believe we could prove criminal negligence beyond a reasonable doubt. He believes that it would have almost certainly resulted in a hung jury or an acquittal. He does not believe this horrific tragedy was the result of criminal negligence. He does not believe Jeffrey Colburn is guilty of a crime. Justice Stokes complimented the extraordinarily thorough investigation conducted by the Rockland PD, with significant guidance from our office and collaboration with other state and federal authorities. It is because of this investigation that we have a full picture of what happened that day.

After a long discussion with Justice Stokes and the members of my team, whose judgement and experience I have complete trust in, I decided that depending on the input from Brayden’s parents, I would agree to dismiss the criminal charges and file a civil charge of committing a traffic infraction causing death. I went back to the courtroom in Belfast while Justice Stokes spoke with Brayden’s parents, with the victim advocate present. He compassionately explained his thoughts to Brayden’s parents. He explained that he believed 12 people would never agree to convict Mr. Colburn, and that the most likely result was a hung jury, putting us back to square one after a trial. I cannot convey in words the agony that victims who have lost a loved one in a crash feel. I cannot convey the weight the legal system puts on victims over a period of months and sometimes years. Some families want a criminal conviction at all costs, but not all families. We brought Brayden’s parents to this conference asking them to trust Justice Stokes, his wisdom and analysis, without knowing what he would say. After hearing from the judge, they did not want to continue on this painful path, they did not want blood, they did not want jail time for Jeffrey Colburn, but they wanted this to be over. They want Mr. Colburn to accept responsibility for causing the death of their son, which he is doing by admitting to the civil infraction causing death. They want children to be safe and for no other parent to have to suffer this same tragedy. I asked Brayden’s parents in coming into this conference to listen to one of the most respected, trusted, and experienced judges in Maine, and they did. If I ask that of them, I need to be able to do the same.

There is no question that Mr. Colburn’s actions took the life of Brayden Callahan. There is no question that he acted with negligence. The only question is whether the act of looking down for a moment, while beginning to drive the bus, was a gross deviation. In cases of vehicular manslaughter, alcohol or drug impairment, often combined with dangerous speed, are almost always involved, as driving drunk, high, 30 miles over the speed limit, or all of those combined, is clearly a gross deviation from how a reasonable person would drive. To convict Mr. Colburn of manslaughter, twelve members of a jury would need to agree that the act of looking away from the roadway is not only wrong and unacceptable, that it is negligent, but is so shockingly worse than a reasonable person would drive, that it falls into the same category as driving drunk, high or extremely fast.

I respect and understand the position of Chief Carrol. The standard of criminal negligence is difficult to grasp, and when we pair that with the fact that a child died, it is extremely difficult to separate our emotions from our duty. This is compounded by the public nature of this terrible tragedy. Based on the opinion of Justice Stokes and our experience presenting this case to the grand jury of ordinary citizens, I believe that continuing this case as a criminal prosecution would be a dereliction of my duty as District Attorney. My role, the role of prosecutors, is not to seek convictions, but to seek justice. I have taken many cases to trial over the years, and I have had wins and losses. In every one of those cases, I strongly believed the defendant was guilty of a crime, even if it was tough to prove beyond a reasonable doubt. I have never taken a matter to trial, taken a person to trial, when I had serious doubts as to whether they committed the crime they were accused of. I have those serious doubts in this case. My decision cannot be made on my emotions, on self-interest holding public office, or on pressure from others in the criminal justice system.

Mr. Colburn is an ordinary man who made an extraordinary mistake, one that will haunt him for the rest of his life. Brayden was a regular kid whose future was taken from him. Brayden’s parents have experienced an unimaginable loss. People who witnessed this tragedy and ran to try to save Brayden’s life were deeply traumatized. Children witnessed this. Our community has been shaken and our faith that our children are safe going to school has been destroyed. I have faith that Attorney Steve Smith, representing Brayden’s parents in the civil process, will fight to hold the system that failed Brayden accountable and force the needed changes that will make our children safe.