The Newton police officer accused of passing a stopped school bus on April 13 will not face any charges.
The district attorney's office reviewed the Highway Patrol's investigation. An e-mailed statement from District Attorney Jay Gaither's office said, "It is the opinion of the district attorney's office that the weight of the evidence is insufficient to prove the elements necessary to warrant charges being filed in this matter. As part of the investigation, seven individuals were questioned and the information that they provided created a reasonable doubt that a motor vehicle traffic violation had occurred."
An officer was accused of passing a stopped Newton-Conover City Schools bus on April 13. The bus was on North Ashe Avenue between North 13th and North 15th streets at about 3:15 p.m. The bus was taking students home from Conover School. A wheelchair-bound student was being dropped off.
The bus driver and another witness saw the Newton patrol car pass the bus. The patrol car did not have its lights or siren on. Newton Police Chief Don Brown said officers are not required to use their lights and siren when heading to a call, but they are if they are requesting the right-of-way on the road.
After identifying the accused officer, Newton police turned the investigation over to the Highway Patrol to investigate. Brown has not identified the officer, saying he would only do so if charges were filed against him.
Since none were filed, Brown said he wouldn't release the officer's name.
"We have dealt with it appropriately internally, though," he said, declining to elaborate, citing personnel laws.
If nothing else, Brown said he hopes this matter has made the police department and the public more alert of bus laws.
"We need to be more aware and more careful of how we drive," he said.
It is illegal to pass a stopped school bus on a two-lane road. If you are on a four-lane road with a median, cars going the opposite direction do not have to stop. Brown said a middle turn lane can act as a median in a five-lane road, allowing cars driving the opposite side to continue.
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