Burlington County Prosecutor Robert D. Bernardi recently announced that no criminal charges will be filed against the drivers of the school bus and dump truck that collided in Chesterfield T
MOUNT HOLLY — Burlington County Prosecutor Robert D. Bernardi recently announced that no criminal charges will be filed against the drivers of the school bus and dump truck that collided in Chesterfield Township on February 16, 2012, resulting in the death of one student and injuries to several others.
”After a comprehensive review of the findings of the National Transportation Safety Board and our investigation, this office has concluded that there is no basis for criminal charges to be brought against any of the involved parties to this horrific event,” Mr. Bernardi said in a Nov. 20 release.
The collision occurred the morning of February 16, 2012 at the intersection of County Route 528 and Old York Road in Chesterfield Township.
According to the a county release,. John Tieman, 66, of Beverly, was driving the school bus to Chesterfield Elementary School when it was struck in the rear driver’s side by a dump truck driven by Michael Caporale, 38, of New Egypt. The bus spun into a utility pole, killing Isabelle Tezsla, age 11. Seventeen other students were taken to area hospitals.
”The NTSB report identified factors to the crash, which clearly demonstrated negligent conduct on the part of several parties,” he said. “However, in our view, the negligent conduct of the parties does not rise to the required level of recklessness that would be needed to bring criminal charges against any of the individuals involved in the collision.”Mr. Berardi noted that recklessness requires a “much higher degree of fault” for criminal prosecution than is necessary in a civil proceeding.
”While our hearts go out to the Tezsla family and the families of all of the children on board the bus, we are required to evaluate the actions of the parties based on that standard of reckless conduct,” he said.
In the immediate aftermath of the accident, the Chesterfield Township Police Department and the New Jersey State Police subsequently issued citations for motor vehicle offenses.
A summons for failure to stop or yield was issued by the Chesterfield Police Department to Mr. Tieman, while the New Jersey State Police Commercial Vehicle Inspection Unit issued summonses to Mr. Caporale for failure to secure container and failure to tarp load.
In addition, the NJSP Commercial Vehicle Inspection Unit issued four summonses to the owner of the dump truck, Herman’s Trucking of Wrightstown, New Jersey, for inadequate braking, exceeding gross weight (by 4,950 pounds), exceeding tire weight limit, and over axle weight (by 13,450 pounds).
The Chesterfield Township Police Department, the Burlington County Prosecutor’s Office and the New Jersey State Police investigated the collision. The National Transportation Safety Board conducted its own investigation.

