Charges dropped against 'U' bus driver

By David Enders

Daily Staff Reporter

Washtenaw County District Judge Elizabeth Hines decided Friday to drop a negligent homicide charge against the University bus driver whose bus struck and killed a woman last year.

Daryl Cain, an Engineering senior, was driving the bus that struck University Medical Center employee Janis Marchyok, 48, as she was attempting to cross Glen Avenue during a rainstorm at around 5:45 p.m. Sept. 11. Cain was turning right from westbound Catherine Street onto northbound Glen.

Cain spoke frankly before leaving the courthouse with his lawyer.

"I'm pleased with the result and my heart goes out to the Marchyok family," Cain said.

Cain's grandfather, Benjamin Toodle of Detroit, attended the hearing.

"I'm glad that it turned out the way it did," Toodle said. "It had a very bad effect on his life. He's supposed to graduate this spring."

University Facilities and Operations spokeswoman Diane Brown said it is unclear whether Cain will return to driving a bus following his acquittal.

Hines said there was insufficient proof to try Cain and that defense attorney Thomas O'Brien, who was hired by the University on behalf of Cain, effectively made a case that Marchyok ran into the side of bus before the driver could react.

"Her entire vision was blocked," O'Brien said, repeating testimony from one eyewitness who said Marchyok crossed the street huddled under an umbrella.

Washtenaw County Assistant Prosecuting Attorney Donald Ray asserted that Cain should have taken extra safety precautions because of the reduced visibility in the rainstorm.

"Probably she walked into the side of the bus," Ray said. "The view is better with the doors open - he should have opened the doors and he didn't."

University Transportation Services Foreman Cecile Lamb testified that it is a "judgment call" for drivers to open their door and that Cain was not in error by leaving the door closed.

Witnesses testified that the passenger windows of the bus were foggy because of the heavy rain but that the windshield and mirrors were properly cleaned and clear.

Hines also settled a matter from earlier in the week by allowing testimony from Ann Arbor Police Officer Sean Lee on statements taken from Cain following the incident.

O'Brien argued using the statements was illegal because Cain had been asked by police to stay on the bus without being read his Miranda rights or being officially placed under arrest.

Hines allowed Lee's testimony Friday but said the statements might not have been admissible in a jury trial.

"There are several unanswered questions that would be made more clear with an evidentiary hearing," Hines said.