21-year-old Malcolm DeShields of Newark is charged with one count of Operation of a Motor Vehicle Causing the Death of Another Person. He was arraigned and released on $1,000 bail.
DeShields told police he was driving home from his overnight job in Maryland and he fell asleep at the wheel. He normally wouldn't have been on that road, but his grandfather told Action News that he had to take a detour.
Police have identified the victim as 15-year-old Bruce Mutter. Relatives say he was a student at John Dickinson High School.
As it turns out, Mutter wouldn't have been there at all if his mother had been able to get him picked up at home.
"His mother called the bus company to see if he could be picked up at the driveway because it was cold. The dispatcher told her no, that it was impossible and that he had to go to his bus stop," said stepfather James Stewart.
Bruce Mutter lived just three doors from the corner and the bus actually passes his house to get there. Stunned relatives and friends returned to the scene, and remembered a young man with a big heart.
"Bruce was quick to smile and always eager to give a hug. If he knew somebody he knew, was friends with or loved, the first thing he'd want to do is get a hug," said uncle James Roberts.
Bruce Mutter suffered from juvenile diabetes. His family says he had a rough childhood, but had recently been making good progress.
"It's a shame because he was finally getting to where he was functioning normally and he had his diabetes under control for the first time in his life. Now he's gone," said aunt Jeannette Roberts.
The accident happened at Old Baltimore Pike at Whitaker Road around 7:05 a.m.
Troopers say a 1996 Acura TL, driven by DeShields, was traveling east on Old Baltimore Pike when it crossed into the westbound lane, left the road and entered a ditch.
Police say the vehicle drove out of the ditch then traveled across Whitaker Road, where it struck Mutter.
The Acura then left the road and went into a ditch once again.
Police say Mutter suffered significant head and bodily injuries and was pronounced dead at the scene. An autopsy will be performed to determine an exact cause of death.
DeShields was transported by EMS to the Christiana Hospital where he was treated and released for minor injuries.