No charges for bus driver who fatally struck mother, kindergartner

    MAMARONECK, New York (WABC) -- The bus driver involved in the crash that killed a kindergartner and his mother outside a school in Mamaroneck will not be charged.

The tragedy happened on June 20 around 8:30 a.m. outside Mamaroneck Avenue School on Mamaroneck Avenue near New Street.

Michael Donovan Volpe, 6, and his mother, 43-year-old Molly Murphy Donovan, were crossing Mamaroneck Avenue when police say the driver of a Royal Coach Lines bus, 68-year-old Edward Jones, hit them as he was turning left onto Mamaroneck from New street.

Volpe was pronounced dead at the scene and his mother was taken to the hospital where she was later pronounced dead.

Authorities say he had a green light and waited for one group of pedestrians to cross Mamaroneck before accelerating, not noticing the mother and son.

"When they proceeded across the intersection, the flashing "don't walk" symbol would have already been displayed," said Mamaroneck Police Chief Sandra DiRuzza.

Authorities believe an ambulance, with lights and sirens heading south on Mamaroneck Avenue, might've prevented Donovan and Volpe from crossing the street sooner and may have distracted Jones.

Surveillance video also revealed Jones was on his phone while driving, but not at the time of the collision.

Jones was issued three traffic summonses, two for failing to yield to pedestrians in the crosswalk and one for using his cell phone while driving, although he was not on his phone at the time of the crash, and was not speeding.

Jones must answer the summonses by Sept. 17, and a future court date will be set.

"There are no good outcomes here. We have to work within the confines of the law ," DiRuzza said.

In response to Friday's announcement by police, Dr. Erin Donovan, Molly Donovan's sister, released a statement saying in part, "Molly and Mikey were two beautiful souls who inspired us to laugh, think and believe that anything was possible. Although the police have made their statement, I think the fight is far from over."

Robert Miklos, the attorney representing Volpe's estate, says they were surprised that no criminal charges were filed against Jones, but said they will continue the fight for justice for Volpe.

"We're pursuing and doing everything we can from a civil perspective that justice and compensation is served here," Miklos said.

Meanwhile, the news conference by police and officials was packed with fellow students' parents.

Parents say they've been asking for a crossing guard outside the school for years.

"There's no excuse," said Lori Lyons, a Mamaroneck resident back in June. "No excuse for the village of Mamaroneck to have not have had somebody out here for years for this to be going on. This should've never happened today."

Since their deaths, leaders have taken steps to improve safety. On Friday morning, contractors installed an all-pedestrian phase at the site of the crash.

"All the car traffic stops in all directions at the intersection for that phase belongs to the pedestrian," said Mamaroneck trustee Lou Young.