School Bus Driver In Fatal NJ Crash Released From Jail

MORRISTOWN, NJ — A judge has agreed to release the school bus driver charged in the crash that killed a student and teacher earlier this month from jail as he continues to face charges connected to the I-80 accident. He will be required to hand over his license to the court as a condition of his release.

State Superior Court Judge Stephen Taylor made the ruling after a two-hour hearing on whether or not Hudy Muldrow Sr., 77, of Jersey City, should say in jail pending the outcome of the death by auto. The courtroom was packed with Muldrow's family members, and family members of Miranda Vargas and Jennifer Williamson Kennedy, the two killed in the crash.

Chief Assistant Prosecutor Matthew Troiano argued for keeping Muldrow in jail as the charges against him are litigated, telling the judge they think the Jersey City resident is a danger to others because he's an "atrocious" driver. Troiano citied that the possible sentence of 20 years, what could amount to the rest of Muldrow's natural life, could also prompt Muldrow to flee.

"He could die in prison. He, more than anyone else, has a motive to flee," Troiano said.

Muldrow's lawyer, Matthew Reisig, said that many of Muldrow's license suspensions were decades ago for administrative reasons such as unpaid parking tickets, and that his long-time partner and adult children in New Jersey were reasons he would not flee the state.

Taylor agreed that Muldrow's driving record showed that it was "absolutely necessary Muldrow not operate any motor vehicle," but cited deep family and community ties, and a law-abiding life as sufficient reason Muldrow should be free pending the outcome of the charges.

In addition to handing over his license, Muldrow is barred from leaving New Jersey, contacting the surviving victims or any of the victims' families. He does not currently have a passport, but he is barred from seeking one, Taylor said. It is unclear if he has been suspended or fired from his job at the Paramus Board of Education, but the terms of his release would make returning to work impossible regardless.

Both Troiano and Reisig made Muldrow's driving record a central part of their arguments. Troiano called it "disturbing" and "atrocious," and said his alleged U-turn was "completely contrary to the way any motor vehicle, no less a school bus, should be driven."

Reisig, on the other hand, said that Muldrow's driving was "above average," with the caveat that it was not "great, or excellent" because Muldrow had received several speeding tickets and license suspensions for failing to pay parking tickets. His most recent speeding ticket was four weeks ago in a different state.

"Who among us has not had a parking ticket?" Reisig asked during his argument.

Both sides conceded that Muldrow's public safety assessment (PSA), a computer-calculated score to determine if a defendant is at risk for re-offense, was low. Muldrow's failure to appear risk score and possibility of new criminal conduct score were both one, the lowest possibility. PSAs do not include traffic offenses, something the prosecution asked the court to consider anyway.

Family and friends of Williamson Kennedy, the teacher killed in the crash, appeared at the Morris County Courthouse wearing navy-blue heart-shaped patches that say "EBMS" – for East Brook Middle School in Paramus – on them, and the initials "JW" and "MV" on each hump of the heart. A victim's family member was crying audibly during the hearing.

Several family members of the victim's appeared surprised when Taylor agreed to release Muldrow. Joevanny Vargas, Miranda Vargas's father, put his head in his hands as Taylor explained his reasoning. Both he and Miranda's grandfather wore dark sunglasses throughout the hearing.

Her brother, Dough Williamson, told reporters after the hearing that he was "heartbroken" by the loss of his sister.

"She was a hero," Williamson said. "She saved so many children."

The hearing was sometimes contentious between the defense attorney and the judge, with Taylor scolding Reisig for interruptions at one point.

Muldrow made his first court appearance on Friday, about 24 hours after turning himself in to the Morris County Correctional Facility. Assistant Prosecutor Matthew Troiano said they anticipate charging Muldrow with additional crimes in relation to the dozens of non-fatal injuries passengers sustained; those charges have not yet been filed.

If convicted on the current charges against him, Muldrow faces 20 years in prison. Those charges are subject to the No Early Release Act, meaning Muldrow would have to serve 80 percent, or 17 years, of his sentence before being eligible for parole.

Officials say Muldrow caused the horrific crash when he cut the school bus across three lanes of Route 80 traffic in an attempt to reach an official-use-only turn-around point in the median. Through a lawyer, Muldrow has maintained his innocence.

"Last Thursday's accident is a truly tragic event. We mourn the loss of life and our thoughts and prayers are with the families so affected. Likewise, that extends to all those that were injured in this accident," Reisig said in a statement sent to Patch.

In court on Wednesday, Reisig suggested the driver of the dump truck that struck the bus might also be at fault, charging that the driver was on a bluetooth phone call at time of crash.

Reisig also said Muldrow has no incident of the crash. Muldrow told Reisig he remembers pulling onto Route 80, hearing a horn blair and pulling over to the shoulder, but nothing else.

Forty-five students, teachers and adults from East Brook Middle School in Paramus were onboard the bus, which was traveling to a school field trip at Waterloo Village in Byram Township, on May 17, the day of the crash. In addition to two fatalities, there were 43 injuries.

"The full extent of the non-fatal injuries has yet to be determined but range from minor to multiple serious and potentially life-threatening injuries," Knapp said. At least one student is still in critical condition.

Willie Clark, an elder at Mt. Zion Fire Baptized Holiness Church in Jersey City where Muldrow is a member, said on Friday the charges came as a surprise to Muldrow, who was also injured in the crash.

"He was under the impression he didn't do anything wrong," Clark said, later adding, "I don't know what the law says, but I know he wouldn't have had this happen for anything in the world. But, no. I don't think he should go to jail."

Clark described Muldrow as a "good man" who regularly attends church and provides volunteer maintenance work.

What Is A Pretrail Detention Hearing?

A pretrial detention hearing determines whether or not a defendant will stay in jail as their case moves through the court system. Prosecutors and defense attorneys present their arguments for why the defendant should be held or let go, and the judge makes a decision.

This system is still relatively new. Under the bail reform law that went into effect in 2016, monetary bail has effectively been abolished in New Jersey. Instead, officials look a number of factors, including the likelihood that a defendant will flee, commit new criminal activity, or obstruct justice by intimidating victims and other witnesses. Previously, whether or not a defendant would stay in jail was determined by their ability to pay bail, which was supposed to be an incentive for defendants to show up to court.

The process to detain someone in New Jersey now begins with a decision by police and prosecutors regarding whether to charge the person with a crime that falls under the "complaint-warrant" category — violent crimes including murder and sexual assault are in this category. Once a defendant is charged by complaint-warrant, they are taken to a county jail, where he or she will be held for up to 48 hours. Within 48 hours, the defendant will have a first appearance in court. At that time, if the state has filed a motion to detain, the judge will decide whether to detain the defendant or release the defendant, and what conditions should be imposed if the defendant is released.

If the defendant is held, the case generally must be indicted within 90 days, and brought to trail within 180 days. There are exceptions for certain extensions.

If the defendant is released, certain conditions might be imposed on them. Common conditions include not contacting the victim or their family, or not leaving the state or country.

Read More Patch Reporting

• Bus Driver In Fatal NJ Crash Ordered To Stay In Jail (Video)
• School Bus Driver In Fatal NJ Crash Is Innocent, Lawyer Says
• Paramus Officials Unaware Of Bus Driver's Record: Superintendent
• Why Was Elderly Man With 14 Suspensions Driving Doomed NJ Bus?
• Hundreds Mourn Student,Teacher Killed In Paramus School Bus Crash
• GoFundMe Campaign Launched To Help East Brook Middle School
• 2 Killed, 43 Injured In Rt. 80 School Bus Crash

With reporting by Karen Wall and Daniel Hubbard, Patch Staff

Image via Katie Kausch for Patch