MCPS Bus Abuse Trial Delayed: Key Expert For Defense Unavailable

MONTGOMERY COUNTY, MD — A school bus driver who has pleaded guilty to sexually abusing several special needs students on Montgomery County buses was scheduled to go to trial this week to determine criminal responsibility, but the date has been delayed.

Etienne Kabongo, 65, has pleaded guilty to the sexual abuse of a minor, rape in the second degree, several counts of a sexual offense in the third degree, and the abuse of a vulnerable adult. Kabongo was arrested in 2018 and pleaded guilty but not criminally responsible to the charges in January of 2020. Bethesda Beat reported earlier this year that the trial is expected to determine if Kabongo is criminally responsible for the assaults.

Kabongo's attorney, Jim Shalleck, is arguing that Kabongo is not responsible because of his mental illness. Kabongo filed Wednesday to have the trial delayed, since a key expert testifying to his mental illness is busy with another trial, Shalleck told Patch Thursday. The delay was approved on Friday, and the court is expected to set a new trial date sometime this week, Shalleck said.

"He has previously admitted in court that he did the acts alleged," Shalleck said to Patch. "Our position is that he was not criminally responsible at the time."

MCPS Spokesperson Gboyinde Onijala said the district does not have any further comment beyond the statements put out in 2018.

“Words cannot convey my anger, disgust and disappointment in the alleged behavior of Mr. Kabongo,” then-Superintendent Jack Smith wrote in a letter to the MCPS community at the time of the arrest. “Abusing a position of trust and authority to take advantage of the most vulnerable among us is despicable. This behavior is a violation of our values and policies, as well as the law, and it will not be tolerated.”

One family in the district filed a lawsuit against MCPS this summer, saying it could have prevented their daughter’s abuse. The suit says that Kabongo assaulted Jane Doe — a 12-year-old girl with special needs who was on his bus — on three occasions, which were recorded by cameras installed on the bus.

"Despite having the stated intended purpose of having interior video cameras to protect against sexual assault and inappropriate and illegal behavior, and despite the fact that the interior cameras captured abuse, no MCPS employees monitored the footage in real time or reviewed the recorded footage after the first incident, or, frankly, at any time," the lawsuit says.