A'Miya Braxton Hit by Car Standing in Her Driveway

On the afternoon of Oct. 4, 2016, 9-year-old A’Miya Braxton walked off her school bus, exiting into the driveway at her family’s North Pontotoc, Mississippi, home. Suddenly, Karen Carpenter swerves past the big red STOP sign extending from the bus onto the driveway in her SUV, striking and killing A’Miya.

Carpenter dragged A'Miya several feet before stopping the vehicle.

Two grand juries failed to indict the woman, saying the evidence did not support any wrongdoing on her part. A toxicology report revealed no illicit substances in the driver’s system and there was no evidence supporting that the woman was texting or otherwise using her cell phone at the time of the accident. Since she did not intentionally run over A'Miya, there was no "intent," leading to the jury's decision.

Authorities also said that no evidence supported a speeding theory.

None of that matters, however, as Nathan’s Law requires Mississippi drivers to completely stop their vehicles when a school bus stops in front of them.

Miss. Code 63

Mississippi Code Title 63. Motor Vehicles & Traffic Regulations § 63-3-615. Stopped school buses Paragraph (1)(a) states that “The driver of a vehicle upon a street or highway upon meeting or overtaking any school bus that has stopped on the street or highway for the purpose of receiving or discharging any school student shall come to a complete stop at least ten (10_ feet from the school bus before reaching the school bus when there is in operation on the school bus the flashing red lights provided in Section 63-7-23, or when a retractable, hand-operated stop sign is extended; the driver shall not proceed until the children have crossed the street or highway and the school bus has resumed motion or the flashing red lights are no longer actuated and the hand-operated stop sign is retracted.”

Paragraph (2)(a) states that any persons found violating the provisions of subsection 1 are guilty of a misdemeanor and can be fined or imprisoned (or both) for up to 1-year for a first offense.

Speaking to reporters, North Pontotoc District Attorney John Weddle stated,

“This was a difficult case. I know they (the Grand Jury) struggled with it, based on the questions they asked,” he said. “When you hear about it, the first thought is the motorist needs to pay. I completely understand that. That’s human nature. But when you start looking at the law and how it applies, it becomes a difficult issue.”

The law concerning passing a school bus seems pretty clear to me. At a minimum, the driver could’ve been charged there. My belief is that manslaughter charges also apply.

Per Mississippi Code Ann. 97-3-25 et. seq. A person is guilty of manslaughter in several scenarios in which a death occurred as the result of a person’s action, however, they didn’t intend for death to occur. One of those rules states that a person is guilty of manslaughter “While committing or attempting to commit any crime or misdemeanor.”

I know, I know. The law isn’t that cut and dry; there’s details about the case that I don’t understand. That’s the excuse given any time our judicial system fails. People face manslaughter and murder charges any time the “Grand Jury” feels like prosecuting.

By the way, a “Grand Jury” is nothing more than people who’ve been called in to serve on Jury Duty. Many know absolutely nothing about law, 99.9% of them don’t want to be there...See where I am going with this?

A’Miya’s family assert that her skin color was the only issue at hand for the grand jury. Carpenter is white and A’Miya was Black.

It’s been five years since A’Miya’s death. Her family have continued the fight for justice and started a petition last year. Click the link below if you want to add your signature.

“And we’re not going to stop fighting, because justice is justice, and I’m going to fight. I’m going to build an organization. I’m going to build more and more until justice is for A’Miya and not just for A’Miya, but for everybody that has ever been wronged by the law.”