A New Jersey mother is puzzled after finding out the school bus monitor authorities say is responsible for the death of her wheelchair-bound 6-year-old is being released from jail without bail.
Amanda Davila, 27, was arrested on July 20 and charged with second-degree manslaughter and endangering the welfare of a child. Authorities say the school bus monitor was on her cellphone with earbuds sitting in the front of the bus, while 6-year-old Fajr Williams sat on the back of the bus choking to death by a safety harness.
A Somerset County judge ordered Davila to be released from Somerset County jail after a Tuesday morning hearing. Prosecutors argued that she would be a flight risk and face serious charges that include child endangerment. Under New Jersey bail reform laws, her release was granted without bail because she has no past criminal record and prosecutors couldn’t prove that she would be a flight risk.
Davila has worked as a school bus monitor for seven years, never had a problem before, and is the mother of a 2-year-old with special needs.
“I don’t know how to feel about her release,” said Najmah Nash, Fajr’s mother, to ABC 6. “I was prepared for her release… I thought I was. But as long as they are following the law, I don’t have any choice but to accept it.”
Her defense attorney, Michael Policastro, was not surprised that his client was released.
“She’s 27 years old, she graduated from New Brunswick High School, born and raised there,” said Policastro to ABC6. “She’s never been in a fight before, never had any problems. So it’s just such a tragedy, such a tragedy.”
As for the case, Davila’s attorney argued that the school bus monitor was not properly trained in harness safety by the Franklin Township school district. According to Policastro, she was told not to touch any harness because it was the parent’s responsibility and she had on headphones to hear incoming calls.
The incident took place on the morning of July 17 as Fajr, a special needs student, was being transported to an extended school program at the Claremont School in Franklin Township from her home.
The bus hit a few bumps which caused Fajr to shift in her wheelchair and the safety harness to tighten. The four-point harness that secured her wheelchair got wrapped around her neck and restricted the child’s breathing. She was later pronounced dead at a nearby hospital after several failed attempts at performing CPR.
The 6-year-old was diagnosed with a rare chromosomal disorder that prevented her from speaking, but she could make noises.
The school district didn’t comment on the incident because of the ongoing investigation but did say the school medical staff administered first aid before she was transported to the hospital.
Davila is due back in court on Aug. 28.
