Mistrial in case against man accused of passing school bus, killing child

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WINSTON-SALEM, N.C. -- A judge has declared a mistrial in the case against Billy Roger Bailey, a man charged with involuntary manslaughter after he allegedly hit and killed 11-year-old Hasani Wesley at a school bus stop in 2012.

The mistrial was declared after new evidence came to light Wednesday morning.

The judge said there was "no other option."

"This is something that came up that no one was aware of, that may or may not be useful but the fact that it may makes it important," Judge Ronald Spivey told the jury around 3 p.m. Wednesday.
No other information about what was discovered by the district attorney's office was provided.

Bailey will be retried at a later date.

A Forsyth County jury deliberated about three hours this morning without reaching a verdict.

The jury deliberated six hours over two days before they returned at 2 p.m. Wednesday.

Hasani, a sixth-grader at East Forsyth Middle School, was hit Dec. 19, 2012, while crossing the southbound lane of Old Hollow Road on his way to catch a school bus.

Bailey was driving south on Old Hollow Road in his 1999 Jeep Cherokee and hit Hasani about 6:50 a.m. that morning. Hasani had missed the school bus, which turned around to pick him up.

Bailey has said that the bus’ yellow warning lights were on and that the bus was moving when he hit Hasani. Prosecutors allege that the bus’ red flashing lights were on and that the stop arm had come down when Hasani was hit.
Several prosecution witnesses, including the school bus driver and two of the students on the bus, testified that Hasani didn’t start crossing the road until the bus had completely stopped.

The 12 jurors asked for several exhibits from the prosecution and defense, including crash-scene photos, aerial maps and photos, and GPS data that was collected from the bus.

The jurors also re-watched a videotaped interview with Stephanie Fulton, the school bus driver. They also asked to see exterior and interior photos of the house of a neighbor who testified that he heard the bus’ brakes and saw the red flashing lights from his window.

Bailey not only faces a charge of involuntary manslaughter; he also is charged with passing a stopped school bus in connection with Hasani’s death.

Judge Spivey said he considered what to do with the new evidence for several hours Wednesday while the jury continued its deliberation. The mistrial was declared only after being agreed to by prosecutors and lawyers for the defense.

"It’s extremely unfortunate for the families on both sides of this case is ending this way with the case in the hands of a very conscientious jury," said Spivey. "I realize it's unsatisfactory to you. It is to me too."



  • lisa

    Common sense is when u see yellow flashing lights u prepare 2 stop b/c there is a child waiting to get on that bus. Ppl can make any excuses 4 that driver but, he did not stop or prepare 2 stop there is a dead child “senseless & heartbreaking”. My heart truly goes out 2 that family

  • B

    How many of you break traffic laws on the way to work or just going anywhere? When you approach a traffic light at an intersection, you make a decision to stop, maintain a constant speed or you speed up before it turns red. The split second decision you make depends on several factors. It depends on how close you are to the intersection, are you paying attention, are you running late for an appointment/work or maybe even a mechanical issue. A safe driver would slow down when approaching an intersection even when the light is green. How many of you do this? When you see a school bus, how many of you slow down regardless of any lights? How many of you slow when you see children standing near the road waiting for the bus?

  • Beth

    Bella07, you seem mighty judgmental. Be careful … that fall from your high horse is gonna hurt like the dickens.

  • Bobby Ward

    This guy drives these roads every morning…getting off of work or going to work at the same time….sees this school bus every day and knows its about to pick up kids on that road….So take it from there!!!!

  • H. Keith Lighty

    For that lady Brandy White to ask where was the mother is so LUDICROUS it makes me sick. That’s an implication that the mother is at fault. Just because your parents watched you don’t mean every parent has to watch their kids at the bus stop. Hell my parents never went to the bus stop with me. NEVER!!! If anything, when most people see a bus coming with lights flashing they at least slow down and is aware of what is around them. This PASTOR by his own admission said he didn’t see the KID crossing the street. That tells me he was not paying attention to what he was doing. PASTOR you made a mistake be a man and admit it, you can save face by saying I was wrong.

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