Fort Collins Child Abuse Defense Lawyer
Brake Checking a Bus Full of Kids

A school bus driver was charged with Child Abuse after break checking to get the kids to sit in their seats. Read more here.

In Fort Collins and Larimer County, Child Abuse is charged when a person is accused of causing a child harm or putting a child in a dangerous situation. Recently, a Colorado school bus driver was charged with at least 30 charges of Child Abuse for an incident on the bus. According to the report, the substitute bus driver was having issues with the children on the bus staying in their seats and behaving during the bus route. He tried to give verbal commands, but the kids were not responding, so the bus driver took another direction. While driving 9 mph, he slammed on the brakes, sending the kids into the seats in front of them. He told them that’s why they need to listen and sit in their seats. Obviously, parents were outraged when they were told about the driver brake checking and the bus video verified the kids’ stories about their bus ride. The driver was fired and criminally charged with many counts of misdemeanor Child Abuse.

Larimer County Child Abuse Attorney: Definition of Brake Checking Child Abuse in Colorado

The Larimer County, Colorado, law definition of Child Abuse – C.R.S. 18-6-401 – is:

A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.

Based on the definition, the bus driver was likely charged for brake checking the kids for both causing injury and also putting children in danger of injury. It was reported that one child was bleeding after the incident, an actual injury, and then all the other kids on the bus could have been injured due to the driver’s actions.

Sentence for Child Abuse in Loveland and Estes Park: How is Child Abuse Charged in Colorado?

In Fort Collins, Loveland and Estes Park, Child Abuse is charged based on the level of injury to the child and the intent behind the actions. This table breaks it down:

Child Abuse Crime Classifications and Charges

Acting knowingly or recklessly resulting in death to the child

Class 2 felony

Acting with criminal negligence resulting in death to the child

Class 3 felony

Acting knowingly or recklessly with serious bodily injury

Class 3 felony

Acting with criminal negligence resulting in serious bodily injury

Class 4 felony

Acting knowingly or recklessly with an injury other than serious bodily injury

Class 1 misdemeanor

Acting with criminal negligence with any injury other than serious bodily injury

Class 2 misdemeanor

Acting knowingly or recklessly with no injury

Class 2 misdemeanor

Acting with criminal negligence with no injury

Class 2 misdemeanor

Based on the information provided, it’s likely the DA will argue that the driver acted knowingly, so the charges for any actual injuries would be a class 1 misdemeanor charge. It would be a class 2 misdemeanor for each of the children on the bus who were unharmed.


If you or someone you love has been charged with Child Abuse, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.

Photo by Anton Massalov