Commonwealth v. Sanders

An en banc panel of the Pennsylvania Superior Court reviewed the well-publicized convictions of a SEPTA bus driver who struck and killed an elderly pedestrian. After a bench trial, the bus driver was convicted of homicide by vehicle and related offenses. The Superior Court ruled that the evidence was insufficient to sustain the conviction. The Court noted that the defendant violated a provision of the motor vehicle code, and the Commonwealth established causation. However, the Commonwealth failed to prove that the defendant was reckless or grossly negligent. Recklessness and gross negligence are equivalent under the homicide by vehicle statute. Here, there was no evidence to show that the defendant drove recklessly.

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