Bus driver who struck and killed Hyde Park kindergartener faces criminal charges

The school bus driver who struck and killed a 5-year-old Hyde Park kindergartener last April during a school drop-off has been indicted on three criminal counts, the Suffolk County District Attorney’s Office announced Wednesday.

A grand jury indicted the driver, Jean Charles, of involuntary manslaughter and reckless motor vehicular homicide, both felonies. Charles, 39, of Brockton, is also charged with negligent motor vehicle homicide, a misdemeanor.

“This was a careful and thorough investigation incorporating all available evidence, including surveillance footage from the bus camera and testimony from eyewitnesses,” Suffolk District Attorney Kevin Hayden said in a statement.

Lens Arthur Joseph, a student at UP Academy Dorchester, was riding the school bus home on April 28 with his older cousin. Charles missed their usual bus stop, causing the children to exit the bus at a different location.

"As Lens made his way in front of the bus on Washington Street, Charles failed to perform the necessary safety protocols required of him to assure that Lens crossed safely to his home," Hayden said, according to a press release. "Waiting only a few seconds, and without accounting for Lens’s whereabouts, Charles drove away and immediately ran over the child, causing his death."

Matthew Fogelman, the attorney representing the Joseph family in their civil lawsuit, provided a statement to WBUR reacting to the criminal indictment.

"While nothing will bring back Lens, the Joseph family takes some comfort in the criminal justice system's efforts to hold the driver responsible for his actions," he stated.”

Charles will be arraigned in Suffolk Superior Court on March 26, according to the DA’s office.

In July, Joseph's family filed a lawsuit in Suffolk County Superior Court against the Charles and bus contractor Transdev Services, alleging negligent hiring, training and supervision.

The tragedy prompted Boston city officials to launch a review. In August, an outside investigation concluded that there was a lack of oversight by Transdev. The review stated Transdev failed to maintain accurate employee records and show new employees received required safety training.

Charles, who worked for Transdev for two years, did not have a valid bus driving credential on the day of the crash. He had allowed his certification to expire the previous December.

He had previously crashed into a parked vehicle and been involved in other minor incidents while driving a school bus, according to a joint statement released last May by Boston Mayor Michelle Wu and School Superintendent Mary Skipper.