Prosecutors have not decided whether to charge Frederick Poust III, of Schwenksville, in Wednesday morning's crash near Perkiomen Valley Middle School, about 30 miles northwest of Philadelphia. Police said Poust turned his bus in front of an oncoming Honda Civic, killing a passenger in the car and seriously injuring the driver. Five students aboard the bus were shaken up.
"We are going through a thorough investigation to determine whether criminal charges in this are appropriate," said Montgomery County First Assistant District Attorney Kevin R. Steele. "Among the potential charges in any incident where someone has been killed are homicide by vehicle."
He said a decision on charges is probably at least a week away while police reconstruct the crash, await the results of toxicology tests and interview witnesses.
Poust was ticketed in the 1999 crash in Hilltown Township, in neighboring Bucks County, in which toddler Morgan Lee Pena was killed. Poust told authorities following that crash that he ran a stop sign while dialing a cell phone and struck the other vehicle.
The girl's death touched off a national debate over the use of cell phones while driving. Her parents became outspoken advocates for laws restricting their use and appeared on "The Oprah Winfrey Show." They sued Poust in civil court, reaching a confidential settlement.
A phone message left by The Associated Press at a listing for Poust was not returned.
His employer, Wall, N.J.-based Student Transportation of America, said it completed an extensive background check before hiring him in February 2009. The company said in a statement that it was aware Poust was in an accident in 1999 but that criminal and vehicle records did not provide details.
The company noted that Pennsylvania Department of Education guidelines require a detailed investigation of any driving incidents that occurred within the five years prior to employment.
The company said Poust was hired because the 1999 accident was older than that and because he had a valid commercial driver's license, had no subsequent violations, came highly recommended by his previous employer and completed safe-driver training.
There appears to have been nothing in state law to prevent Poust from obtaining a commercial driver's license. While the vehicle code bars commercial licenses for motorists whose regular licenses are under suspension or revocation, Poust's summary citations for careless driving and running a stop sign would not have disqualified him.
Poust had to undergo classroom and in-bus training and pass a three-part written exam as well as a road test to obtain a commercial license with school bus and passenger endorsements.
This week's crash, which happened at 7:25 a.m. as Poust pulled into the middle school lot, killed Richard Taylor, 27, of Gilbertsville. The car's driver, Freddy Carroll, 41, of Perkiomenville, was listed in serious condition Thursday at Hahnemann University Hospital in Philadelphia. Five of the 45 students on the bus were treated by the school nurse for minor injuries.
Student Transportation said Poust had an "excellent record" before Wednesday's crash and was "well-regarded by the school district, parents and students."
