Second Grand Jury Declines To Indict

PONTOTOC, Miss. (WCBI) – Another Pontotoc County Grand Jury declines to indict the driver of a car that struck and killed a 7 year old as she was getting off a school bus in front of her home.

For the second time in less than a year, it’s a decision that shocks the family of 7 year old Amiya Braxton.

“It’s just not fair,” said Andrea Braxton.

Last week, a Grand Jury heard evidence, including new eyewitness testimony, in the case that has stirred strong emotions. It was October 4, 2016 when Amiya Braxton was struck and killed as she was getting off of her school bus in front of her home.

Last September, a Grand Jury declined to indict the driver. The Braxton family started a petition drive, collecting more than 26 hundred signatures, asking District Attorney John Weddle to re present the case to another Grand Jury. The petition also cited “Nathan’s Law,” which makes it a misdemeanor to pass a stopped school bus, and could upgrade charges to a felony, if anyone is injured or killed.

Amiya’s mother and father say the decision is tough, especially explaining the outcome, for a second time, to Amiya’s brothers. They did thank the DA for re presenting the case.

“We’ve always taught them to obey the law and rules, and how do I explain to an 11 year old I tell him he can’t do something and the law told this lady she couldn’t do something and she done it anyway and got away with it,” Andrea said.

“After talking to them this time, compared to the first time, they things we heard, it was like it was more sincere, like they put forth more effort, this second go around,” said Charles Braxton.

In a statement released after meeting with the Braxton family, District Attorney John Weddle said;

“I would like to sincerely thank the Braxton family for meeting with us after the last grand jury…Cases such as this are heartbreaking. Our prayers are continually with the Braxton family in the loss of Amiya. The correct legal process has been followed and we must respect their decision. ”

Family members have several options, asking the Attorney General’s office to intervene, hiring a private investigator to look at the case, turn those findings over to a circuit judge and petition for a special prosecutor, or ask law enforcement to arrest the driver, charging her with a misdemeanor.

The family promises to keep the case in front of the public until their next step is finalized.