Driver who left child on bus asks for early end to probation

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Sep. 15—BEVERLY — A former school bus driver who left a 5-year-old boy behind on a school bus back in 2018 asked a judge on Tuesday to end his probation four months early because, his lawyer said, he is having a hard time finding work.

David Boutros, 74, of Haverhill, was sentenced to two years of probation back in January 2020 after pleading guilty to a charge of reckless child endangerment, stemming from the Sept. 7, 2018, incident in Beverly.

The boy, a kindergartener who was supposed to have gotten off the bus at Cove Elementary that morning, was still in the back of the bus when Boutros returned to the school bus depot on Sohier Road.

A few hours later, the little boy tried to walk home from the depot, managing to get across the busy Gloucester Crossing intersection and all the way to the intersection of Rantoul and Elliott streets, when he was hit by a car. The driver was not able to see the small child.

Boutros insisted that he had checked for children before leaving the bus that morning, but video surveillance showed that he had not.

Boutros pleaded guilty on the morning he was scheduled to stand trial, after several months fighting the charge.

His lawyer, Jack Milgram, filed a motion on Tuesday in Salem District Court, asking for early termination of Boutros' probation, based on his need to work.

"He's done 20 months with no violations," Milgram told Judge Randy Chapman. "My client would like to seek work." Milgram said his client's wife has been supporting both of them.

Milgram did not say what sort of work Boutros would seek.

His current probation conditions include not driving or working with children or teens, and he was also required to notify any potential company he might eventually drive for, such as Uber or Lyft, of the conviction.

Prosecutor Haleigh Reisman said both her office and the family of the boy are opposed to the request, noting that the district attorney's office had sought a three-year term of probation at Boutros' plea hearing.

She also questioned how being on what amounts to administrative probation, under which he's been required to check in with a probation officer once every 90 days, hinders his ability to work.

A probation officer told Chapman that Boutros was allowed to perform some community service in lieu of payment of probation fees, but that the department eventually waived the requirement out of concern that Boutros, as a senior, could be vulnerable to the coronavirus.

Chapman then asked whether Boutros qualifies for "compliance credits" that allow offenders on probation to shave time off of their probation terms through good behavior. The provision allows for credit of up to five days per month after the first year on probation.

That provision in the law appears to apply to individuals who are placed on probation after serving a committed sentence. It was not immediately clear whether it would apply in a case in which someone received a sentence only involving probation.

Chapman told the lawyer and prosecutor he wants to research the matter further before making a ruling.

Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis