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Woman avoids jail time in fatal school bus accident

Wednesday, April 8, 2009

(Updated 7:17 am)

By Jonnelle Davis
Staff Writer

WENTWORTH — William Adkins walked into the Rockingham County Courthouse on Tuesday afternoon expecting more than a guilty plea from the driver who passed a stopped school bus and killed his 16-year-old son, Nicholas.

As expected, Judy Earlene Stilwell, 60, pleaded guilty Tuesday in Rockingham County Superior Court to passing a stopped school bus and striking a person.

Judge John Craig gave Stilwell a suspended six- to eight-month jail sentence and 36 months of probation. Craig also suspended Stilwell’s driver’s license for one year and ordered her to pay a $1,000 fine.

Prosecutors said it was the maximum punishment Stilwell could have received given her clean record.

“At least she pled to what she did,” Adkins said outside the courthouse.

But what Adkins did not expect was that Stilwell wouldn’t offer an apology for his son’s death.

“She never even looked in our direction,” he said.

Authorities say that on the morning of Jan. 26, Stilwell was driving on West Main Street in Stoneville when she struck Nick as he crossed the street to get on the school bus. The bus stop arm and lights were activated.

It was a crime that all parties involved say had no rhyme nor reason. Stilwell was not speeding nor was she under the influence of alcohol, lawyers said in court Tuesday.

Her attorney, Walt Etringer, called the accident a lapse in attention that led to a “horrendous outcome.”

The widowed mother of one tightly clutched tissues in her left hand and dabbed at her eyes as Craig considered her sentence.

Etringer said Stilwell has visited his office several times since the accident and was distraught on all occasions.

“No one, other than the family in this case, regrets this more than Ms. Stilwell does,” Etringer said.

The law gave Craig little room for sentencing. While Stilwell pleaded guilty to a felony, it is the lowest level felony, a Class I. The most prison time she could have received was 15 months.

The judge, himself a father of three sons, called the case “a parent’s worst nightmare.” He said the harshest punishment Stilwell will endure stems from the remorse she’ll carry with her for the rest of her life. Even as Nick’s death was being talked about in a Rockingham County courtroom, he was on the minds of lawmakers in Raleigh.

The state House unanimously voted in favor of the Nicholas Adkins School Bus Safety Act on Tuesday, said bill co-sponsor Rep. Dale Folwell, a Forsyth County Republican.

The bill, introduced last month, would let school districts install cameras on stop arms and allow the photos taken to aide in the prosecution of stop arm violators. Opportunities to strengthen the bill, Folwell said, could come in the Senate.

Folwell, whose 7-year-old son was killed in 1999 by a driver who ignored a stop arm, has helped tweak the School Bus Safety Act numerous times in recent years to make the state’s stop arm violation law among the toughest in the country. In the meantime, life for Adkins is a struggle. He said he sometimes can’t get out of bed in the mornings. His wife Lynn could not bear to be in court Tuesday.

The pain of Nick’s death is intensified by the letters from colleges delivered to the Adkins’ home on a regular basis, a constant reminder of what could have been.

“What a waste,” Adkins said. “My son was an extraordinarily gifted, bright young man. He could have done anything he wanted to do.”

And what Nick wanted to do most, according to his father, was help people. “The world is a much less kinder place ... without him in it.”

Contact Jonnelle Davis at 627-4881, Ext. 126, or jonnelle.davis@news-record.com

Accompanying Photos

H. Scott Hoffmann (News & Record)

Photo Caption: A Rockingham County school passes a roadside memorial near the site where student Nick Adkins was struck and killed by a motorist near his home in Stoneville.

Additional Photos

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fsdutch

April 7, 2009 - 4:11 pm EDT

"Lawyers said in court that neither speed nor alcohol were involved in the accident."

So I have to ask, what was involved? Self-centered stupidity? What happened to the days when this would have been Manslaughter? Any careless act that might result in the death of someone should be manslaughter. You always stop for a schoolbus picking up kids. No flashing lights or stop signs should be needed.

Hiness58

April 7, 2009 - 4:29 pm EDT

This is just a slap on the wrist. She gets her license back in one year? After killing an innocent child? That's just crazy! There is no excuse for not seeing the stopped school bus. No restitution to the parents for taking their only child? Obviously there is no justice left in the justice system.

FedUp

April 7, 2009 - 5:16 pm EDT

I would sentence myself to life in prison if I hit and killed a child - accident or not!

FedUp

April 7, 2009 - 5:13 pm EDT

This is profoundly repulsive! A child is dead because of a stupid, idiot. The American justice system is pathetic and embarrassing!

Lakeshia

April 7, 2009 - 5:17 pm EDT

This dreadful woman, Stilwell, ought to be in prison for the rest of her life -

elsoots

April 7, 2009 - 5:40 pm EDT

what dose the law say THAT YOU CONNOT PASS AS STOP SCHOOL BUS WHAT THERE LIGHS ON.
this people did and all she got was ONE YEAR she should not be allowed to drive the rest of her life .the court said that teenage did not have a life to bad.

Compassion

April 7, 2009 - 8:00 pm EDT

There was no malace intended on the part of this woman. I can't even fathom what she might be going through emotionally. I am a parent and would probably be so angry and unforgiving of someone that did this to my child, even though accident, but because I am not the parent in this situation, I can clearly see both sides. Would it bring the child back to life to place this woman in prison? Would it alleviate the hurt of either parties? Do we really need to imprison someone that is not clearly a danger to our society? People, have compassion for both parties. Two families have been torn apart here.

ncnole

April 7, 2009 - 9:52 pm EDT

No, it wouldn't bring the child back and no, it would alleviate the suffering, but the woman should be punished. She KILLED a sixteen year-old boy because of her impatience, stupidity or both. She knowingly broke the law and her actions resulted in the death of another person. I don't care what she might be going through. She KILLED a sixteen year-old boy.
The judge who suspended her sentence should be held accountable too.

Wilhammer

April 8, 2009 - 9:15 am EDT

Compare it to this, and then talk about compassion:

http://www.cnn.com/2009/CRIME/04/08/teens.life.sentence/index.html

Jadensmama

April 7, 2009 - 9:23 pm EDT

So once again, people can just get away with murder, what the hell is wrong with this picture?!?!? I personally am outraged...I was a personal friend of William Barber, the man killed on the motorcycle by the illegal immigrant who ran the red light with no license or insurance. And his "murderer" is supposedly only getting out with a misdemeanor??????? C'mon people, can't we do something about this??

unclefuzzy

April 8, 2009 - 6:15 am EDT

I can't believe the woman didn't even have the decency to apologize to the family after taking their son's life. Doesn't seem like she is very remorseful. She went to her job after the accident like nothing happened - just another day. Her employer sent her home for the day. Something is clearly wrong with this woman if she can act this way after killing someone.
The light sentence and fine is a joke. They give people time in jail for misdemeaners but not felonies??? The least the court could do is permanently revoke her license. I don't think I would ever be able to get behind the wheel again if I hit and injured someone, much less killed them. Obviously, Judy Stillwell cares about no one but herself.

Wilhammer

April 8, 2009 - 6:59 am EDT

Disgusting. This women should be in prison, and lose everything she has, for she took away everything from that boy, forever.

jescobedo

April 8, 2009 - 7:15 am EDT

This woman killed a bright young man and didn't even have the decency to apologize to the family. Unless she has some kind of disorder that doesn't allow here to feel regret or pain she should realize that this family lost their only son and could have at least given them a heartfelt apology.

I know what it's like to lose an only son, and the hurt never goes away. I lost my so in 96 and still grieve for him on his death anniversary and his birthday. How callus can this woman be?

silverfox

April 8, 2009 - 8:53 pm EDT

Surely this woman had something to say for her stupidity on that day. The family deserved to hear something. However, the law is inadequate. This is the lowest felony possible and jail time isn't even an option. The Judge should have had the opportunity to put her in jail when she plead guilty to the charge with no deal. But sounds like he couldn't. This law needs more teeth, and should require a long term license revocation, not just an option for revocation. This family will never be the same and the justice system could never heal their pain, but something more than probation should be available for sentencing!!!

sme1858

April 11, 2009 - 10:01 am EDT

i ask myself when the law stop being for the victim. I have a 16 and 4 year old and i don't see how someone could get out of jail time because she has never done anything wrong before. So what do we do with someone like this on the roads in a year to plow our kids down again. I can not believe that there is not a harsher punishment for someone who kills a kid. they say if she had been drinking the punishment would have been worse. Well my thoughts are that because of her not being impaired she knew what she was doing and i feel that should be worse.