The case against Rockland bus driver Jeffrey Colburn, 65, of Camden, was downgraded to a civil violation after he was previously arrested on manslaughter charges after he allegedly struck and killed 12-year-old Brayden Callahan late last year.
The Rockland Police Department announced the change on Wednesday after being informed by the Knox County District Attorney’s Office that they believe there was insufficient evidence to support a criminal charge.
Rockland Police Chief Tim Carroll publicly disagreed with the district attorney’s assessment.
“Our investigators gathered and presented evidence that we believe demonstrated criminal gross negligence. However, following extensive legal evaluation, prosecutors at the Knox County District Attorney’s Office determined, in their opinion, there was insufficient evidence to prove criminal charges beyond a reasonable doubt at trial and continue with the criminal case,” he said.
“Given the thoroughness of our investigation, the findings of that investigation and the weight of what occurred, I personally believe that criminal charges were justified. Any questions on this charging decision, which rests solely with the Knox County District Attorney’s Office, should be referred to it,” he added.
He specified that he is well aware of the high burden of proof required to bring charges of gross criminal negligence, but nevertheless believes that his department’s investigation met that burden.
Now that the case is being treated as a civil violation rather than a criminal charge, there will be no possibility that Colburn will face jail time.
The situation stems from the tragic death of Callahan last November, when he was struck by a Regional School Unit 13 bus driven by Colburn just after the 12-year-old was dropped off.
Colburn did not have a clean driving record at the time of the crash. He was previously convicted in 2015 on OUI charges and crashed once in 2022 and another time just one month before Callahan’s death, when he struck a parked vehicle with his school bus.
Colburn was arrested in January on a warrant for manslaughter charges stemming from the crash, but the district attorney has decided not to move forward with that prosecution.
Callahan’s parents have also filed a lawsuit against both Colburn and the school district.
At least he’s being charged with something, if he was an illegal he would have walked