Trial Begins for Daycare Bus Driver Accused of Hitting and Killing 10-year-old Boy

October 23, 2012 Updated Oct 23, 2012 at 12:55 PM EDT

By Kyla Igoe

October 23, 2012 Updated Oct 23, 2012 at 12:55 PM EDT

BUFFALO, NY (WKBW) - The criminal trial against a daycare bus driver accused of hitting and killing a 10-year-old Buffalo boy began Tuesday. Prosecutors say the driver, 28-year-old Miriam Shipman, failed to use due caution for a pedestrian and had unsafe brakes when she hit 10-year-old Darpan Niroula as he crossed Prospect Avenue last December near Rhode Island Street.
Prosecutors also say shipman did not have a proper commercial drivers license and the bus did not have a proper D.O.T. inspection.
The defense argues that Darpan darted out into the road to catch up with his brother and his actions left Shipman no time to stop. Tuesday the first witness also took the stand. Darpan's brother, Chandra Niroula told the court he thought it was safe for his brother to cross the road, since there is a posted stop sign and the bus was 3-4 houses away when they crossed.