School bus driver involved in death of Park Forest second grader found guilty of driving with canceled license
Darryl Downs, the school bus driver who struck and killed a second grade student in Park Forest Jan. 20, was found guilty Thursday of a misdemeanor offense and sentenced to 12 months of court supervision.
Cook County Judge Erin Haggerty Antonietti issued the ruling in the Markham courthouse after hearing testimony from three witnesses including Downs himself.
Downs testified he was the bus driver when 7-year-old Connor Ethan Kaczmarski of Mohawk Primary Center was hit in the 100 block of Walnut Street, but said he did not realize Kaczmarski had been struck.
But the case revolved around the question of whether he had a valid commercial drivers license at the time.
Park Forest police Cmdr. Paul Morache, who said there was blood in the roadway when he responded to the scene, testified that while Downs’ noncommercial drivers license was still valid, his commercial drivers license was canceled due to Downs’ failure to properly provide medical examination documentation to the Illinois secretary of state’s office.
Morache said Downs was under the impression that his employer, Kickert School Bus Line, had resolved the issue of the missing paperwork.
A letter from the secretary of state’s office to Downs notifying him that his CDL was still canceled was dated Jan. 17, three days before the accident. Downs’ attorney said it is reasonable to assume Downs had not received the letter before he was on the road Jan. 20.
Downs testified said he did not see the letter until after Jan. 20.
But prosecutors argued it was irrelevant if Downs received the letter as he should have gone to greater lengths to ensure he was legally able to drive a bus. Prosecutors asked for 24 months of conditional discharge while the defense asked for 12 months of court supervision.
Antonietti agreed Downs was guilty of driving with a canceled commercial license but sided with the defense in sentencing him to 12 months of supervision. Antonietti also added a mandatory $254 fine and five days of community service at a nonprofit.
Representatives for the Kaczmarski family could not be immediately reached for comment Thursday.
The family filed a lawsuit in February against Kickert School Bus Line, Park Forest-Chicago Heights Elementary District 163 and Downs, seeking damages in excess of $50,000.
