No charges in party-bus death ‘crazy,’ mom says
VANCOUVER — The grieving mother of a 23-year-old woman who died after falling out of a party bus says she’s heartbroken that criminal charges won’t be laid in the case.
Vancouver police said Tuesday that a malfunctioning door was a main factor in the death of Chelsea James. The owner and driver have been fined under the Motor Vehicle Act, but there is no offence in the Criminal Code to charge them with, police said.
“We just think it’s crazy that there’s nothing, after you’ve adapted a door that didn’t work and there’s been a death,” mother Shelly James said through tears. “That breaks our hearts.” Police said Chelsea James lost her balance as the bus was making a left turn in downtown Vancouver on Jan. 9. She stumbled into the stairwell and against the pneumatic passenger door, which opened suddenly. She fell out of the door and was struck by the bus.
James, an educational assistant from Langley, was pronounced dead at the scene.
Police determined that a mechanical malfunction and low operating pressure on the pneumatic door were the main contributing factors in her death.
Sgt. Brian Montague said air pressure and latches were supposed to keep the door closed, but it was not functioning properly, so the door was easily opened simply by pushing it.
He said work to repair a faulty latch on the door is believed to have caused the malfunction.
Silver Lady Limousine Services, the owner of the bus, did not respond to a request for comment. President and owner Douglas LeMoine expressed his “deepest sympathies” to the family in January.
Montague said the owner and driver were fined for operating an unsafe vehicle and for driving with liquor inside a vehicle, which carry maximum fines of $311 and $230, respectively.
Shelly James said she isn’t considering a lawsuit but wants the company to be held accountable through tougher regulation of the industry.
She said her daughter was planning on applying to university this year to become a teacher.
“She loved the kids, the kids loved her. She was a ray of sunshine wherever she went. She was my best friend,” Shelly James said, her voice shaking with sobs.
Transportation Minister Todd Stone said in a statement that the Commercial Vehicle Safety Enforcement branch has been working closely with police.
Now that the investigation is complete, the branch will review the findings and determine whether further action against the parties is warranted, he said.
The province tightened rules for the limousine and party bus industry in February 2015. It required the Passenger Transportation Board to approve each vehicle for a special authorization licence and regulate rates, areas of operation and fleet size.
The changes followed the deaths of 16-year-olds Shannon Raymond and Ernest Azoadam.
Raymond and Azoadam died in 2008 and 2013, respectively, in incidents related to party buses in Maple Ridge and Surrey.