Special Needs Student Left On Freezing NYC Bus For 19 hours

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JENNIFER PELTZ | January 2, 2009 11:49 PM EST | AP

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NEW YORK — Edwin Rivera, a severely disabled 22-year-old, was supposed to be escorted home from his special-needs school.

Instead, authorities said Friday, a matron eager to get to an appointment knowingly stranded him on a bus where he spent an icy New Year's night alone. He was found, curled up and rocking, after more than 17 hours parked in a Brooklyn bus yard.

The matron, Linda Hockaday, was charged with reckless endangerment and fired.

"There's no excuse for it," said Peter R. Silverman, a lawyer for Outstanding Transport Inc., a company that specializes in transporting the disabled. "It's just inconceivable."

Hockaday, 51, did not enter a plea at her arraignment Friday; her bond was set at $2,500. Her lawyer, Candace Kurtz, said Hockaday has no criminal record.

A telephone number for Rivera's family rang unanswered Friday. One of his sisters, Khristine, told reporters Thursday the episode amounted to "negligence and stupidity."

"Just because he is the way he is doesn't mean he's less of a person," she said. "He just needs extra help."

Rivera's parents reported him missing after he didn't return from his school Wednesday evening.

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Their 6-foot-2 son, who has cerebral palsy and is unable to communicate verbally, still had his seatbelt on when he was found, police said. His body temperature had dropped about three degrees during a night when the outside temperature ranged from 15 to 30 degrees, according to the criminal complaint.

He was in stable condition Friday at Brookdale University Hospital and Medical Center.

Hockaday told police she knew Rivera hadn't been dropped off and was asleep on the bus when she got off, the complaint said. But she didn't tell the driver because she was headed for an appointment and didn't want to go back to Rivera's East Harlem home, according to the complaint.

Her lawyer suggested the blame shouldn't fall only on Hockaday.

"If, in fact, what they say is true _ and it's a big if _ there's a driver on that bus who, I would think, would be a kind of double-checking system," Kurtz said.

The bus company's attorney said drivers rely on matrons, or escorts, to make sure all the passengers have gotten off, and the escorts are held responsible. They get monthly training emphasizing that duty, Silverman said.

Hockaday, who had worked for the company for about a year and a half, was fired Thursday, he said.

If convicted, she could face up to seven years in prison.

In Massachusetts, Fairhaven police said Friday a 24-year-old man with cerebral palsy was left alone for two hours on a service van Monday evening. Police said the man, who is legally blind, suffered a drop in body temperature but is recovering at home.

Fairhaven Police Chief Gary Souza said the driver hasn't been charged but an investigation is continuing.

NEW YORK — Edwin Rivera, a severely disabled 22-year-old, was supposed to be escorted home from his special-needs school. Instead, authorities said Friday, a matron eager to get to an appointme...
NEW YORK — Edwin Rivera, a severely disabled 22-year-old, was supposed to be escorted home from his special-needs school. Instead, authorities said Friday, a matron eager to get to an appointme...
 
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Everyone involved should be sued. The matron, the drive and the center he was being transported from. This is inexcusable.

    Favorite    Flag as abusive Posted 11:15 AM on 01/05/2009
- Clavis I'm a Fan of Clavis 38 fans permalink

Why sue? Why not simply charge them with the existing crimes?

But no, I'm sure somebody involved will sue the entire city. Good times.

    Favorite    Flag as abusive Posted 12:54 PM on 01/05/2009
- Dannydel I'm a Fan of Dannydel 19 fans permalink
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You think this is funy?

    Favorite    Flag as abusive Posted 10:02 AM on 01/05/2009
- rich misty I'm a Fan of rich misty 1043 fans permalink
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At least he is okay... Wow tho, what a rough night.

    Favorite    Flag as abusive Posted 05:10 AM on 01/05/2009
- dotmafia I'm a Fan of dotmafia 44 fans permalink
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Terrible and disgusting. Throw the book at her.

    Favorite    Flag as abusive Posted 02:55 AM on 01/05/2009
- patnb I'm a Fan of patnb 8 fans permalink

The matron who left him to freeze in the bus is disgusting. I would charge her with attempted murder.

    Favorite    Flag as abusive Posted 01:06 AM on 01/05/2009
- kinnycut I'm a Fan of kinnycut 14 fans permalink
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I have been a school bus driver for eight years now, and I know of no Florida school bus driver that would leave a passenger on his or her bus. Everybody here is taught and told to check their bus for anyone or anything left behind before you leave the bus. I for one check my bus when my route is completed before I even bring the bus back to the yard. This in my opinion is a transportation cardinal sin because even the dumbest bus driver knows better than this. Good bus drivers don't leave the people they are entrusted to transport stranded on their bus. I don't care what any lawyer says there is no defense for utter carelessness and absolute stupidity. This bus driver should be fired period end of story.

    Favorite    Flag as abusive Posted 05:24 PM on 01/04/2009
- pdhen I'm a Fan of pdhen 2 fans permalink

Let's see: the taxpayer's are still paying for this severely disabled 22-year old to be transported because in an advanced, educated society - one founded on principle and community - we tend to take care of the less fortunate among us. The financial and physical burden of caring for such an individual, Wdw505, is staggering, so we, Society, create venues to provide relief, stimulation, and opportunity to the person and their family. Any questions?

    Favorite    Flag as abusive Posted 03:36 AM on 01/05/2009
- rich misty I'm a Fan of rich misty 1043 fans permalink
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Wdw505 is a typical Republican.

    Favorite    Flag as abusive Posted 05:12 AM on 01/05/2009
- wdw505 I'm a Fan of wdw505 72 fans permalink

how much should we throw down that rat hole per human?

    Favorite    Flag as abusive Posted 01:19 PM on 01/05/2009
- wdw505 I'm a Fan of wdw505 72 fans permalink

why are the tax payer still paying for a 22 year old to be transported?

    Favorite    Flag as abusive Posted 04:35 PM on 01/04/2009

You're kidding, right? You read the story and THIS is what outrages you? Nice.

    Favorite    Flag as abusive Posted 05:01 PM on 01/04/2009
- wdw505 I'm a Fan of wdw505 72 fans permalink

prosecute the hell out of the person....­...however the 22 year old should not have even been on the bus at tax payer's expense...­...

    Favorite    Flag as abusive Posted 01:27 PM on 01/05/2009

Many handicapped youth are serviced into their mid twenties and beyond. Services provided help them live a fuller life, normally at a lower cost to the tax payer as they can then live at home instead of being institutionalized. I can think of a lot more stupid way that the tax payers monies are wasted, so the idea of bussing a hadicapped young adult doesn't bother me at all.

    Favorite    Flag as abusive Posted 05:54 PM on 01/04/2009
- hereitis I'm a Fan of hereitis 3 fans permalink

Let me see, would I rather fund a 22 year old who is handicapped, or would I rather pay for programs that fail i.e., abstinence only programs? Wdw gets the dunce hat for today.

    Favorite    Flag as abusive Posted 07:06 PM on 01/04/2009
- wdw505 I'm a Fan of wdw505 72 fans permalink

how about neither one gets paid for

    Favorite    Flag as abusive Posted 01:25 PM on 01/05/2009
- patnb I'm a Fan of patnb 8 fans permalink

Is that really your response to reading this story? A mentally disabled person, unable to speak, unable to unlock his seatbelt, abandoned by a disgusting matron, spending 19 hours night belted into a bus, in freezing temperatures, in the dark, all alone? You are sick.

    Favorite    Flag as abusive Posted 01:05 AM on 01/05/2009
- rich misty I'm a Fan of rich misty 1043 fans permalink
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Typical Republican

    Favorite    Flag as abusive Posted 05:12 AM on 01/05/2009
- tangenjill I'm a Fan of tangenjill 9 fans permalink
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This woman should be ahamed of herself and relieved of any further position in which she helps care for others. Sad.

I hope that Mr. Rivera is recovering well and hasn't given up on the rest of humanity. Godspeed.

    Favorite    Flag as abusive Posted 03:07 PM on 01/04/2009

I am disgusted and appalled at the story, but sadly not surprised. I have a mentally disabled older brother and my mother has been a resource teacher for over 20 years so I have witnessed the complete disregard for the disabled firsthand. Many people I know with disabilities have had similar situations where they have been abandoned by their prearranged accessibility vans or buses. The disabled are seen as second class citizens that do not deserve the same rights and respect as able bodied people by many. Unfortunately, unlike other disenfranchised groups many disabled people are incapable of speaking up for themselves and demanding equal treatment. This woman deserves jail time and a message must be sent that treating disabled people with compete disregard for their well being is unacceptable and illegal.

    Favorite    Flag as abusive Posted 03:04 PM on 01/04/2009
- Anonani I'm a Fan of Anonani 56 fans permalink
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Every time this happens, and it happens often, no one wants to believe it possible. There is no one routinely checking these school buses, daycare vans, or parents automobiles, for that matter. We rely on the good faith and integrity of these employees to do the right thing and have some basic humanity. We are a very narcissistic society and this episode just validates that fact.

    Favorite    Flag as abusive Posted 02:46 PM on 01/04/2009
- Highwind I'm a Fan of Highwind 7 fans permalink
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So what if doesn't have a criminal record? She committed an egregious crime here and she should pay for it.

    Favorite    Flag as abusive Posted 12:40 PM on 01/04/2009
- peachykeen I'm a Fan of peachykeen 7 fans permalink
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Doesn't this company clean their buses at the end of a shift? I own a bus company and this is standard procedure. The driver should be held as accountable as the matron. Sorry, the entire bus company dropped the ball on this one. I also agree with others who ask why the parents and police didn't call or go to the bus yard.

    Favorite    Flag as abusive Posted 12:05 PM on 01/04/2009

Police and the parents DID go to the bus yard, according to televised reports. There was confusion because the buses are parked in two different areas, and they thought they'd checked all the buses and he wasn't there, when in fact his bus was parked in another area.

I wish people would get the facts before shooting off their keyboards to slam this young man's family. As if they haven't gone through enough.

    Favorite    Flag as abusive Posted 05:20 PM on 01/04/2009

As parent of a special needs son, if his bus is more than 15 minutes late the very first place I call is the transportation company. Why didn't the police or parents check there first? There is no way I would allow my son to be missing that long without going there myself.

    Favorite    Flag as abusive Posted 10:58 AM on 01/04/2009
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Everyone involved is at fault, where was the love for this young man? If my daughter went missing, within ten minutes there would police helicopters, and the holy Roman Empire searching the city, as well as Nancy Grace going through my compost heap.
I think no one really cared, and that is truly sick.

    Favorite    Flag as abusive Posted 12:52 PM on 01/04/2009
- Foy I'm a Fan of Foy permalink

I'm more patient than you all. I will wait 16 minutes.

    Favorite    Flag as abusive Posted 02:04 PM on 01/05/2009
- JFaye I'm a Fan of JFaye 40 fans permalink

I agree. As the mother and equally advocate for my son who lives with disabilities ... I might have waited 15 minutes and when making the initial call, insisted at minimal: place a call to the attendant, the bus driver as well the bus checked by either the bus company, a school official and/or local police. How does anyone allow a disabled person's absence to go all night is not comprehensible to me. Obviously, all parties ... including the family .... needs to develop a more thorough action plan to not allow anything like this to ever happen again.

    Favorite    Flag as abusive Posted 02:30 PM on 01/04/2009
- lneely I'm a Fan of lneely 2 fans permalink
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Very good point. Does seem like gross stupidity, at best, on the part of the family...

    Favorite    Flag as abusive Posted 09:25 AM on 01/05/2009
- pinellas I'm a Fan of pinellas 2 fans permalink
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Horrible story! I'm just glad the poor guy isn't dead - & I'm glad that this type of thing is being taken seriously by authorities. If that was my kid, I'd be heartbroken & livid!

I'm rather curious about how the matron reacted to this...

    Favorite    Flag as abusive Posted 10:56 AM on 01/04/2009
- Rightone11 I'm a Fan of Rightone11 8 fans permalink

What about his FAMILY? Why were they not waiting for him at the last stop?

Personal responsibility is nowhere to be fund these days....~

    Favorite    Flag as abusive Posted 10:01 AM on 01/04/2009
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