The trial of a bus driver accused of running over and killing 82-year-old businessman Richard Wirick known around Salt Lake City as "Mr. Downtown" for his longtime support of local commerce was delayed when a judge questioned whether city prosecutors could prove she acted with criminal negligence
The Salt Lake City Justice Court judge ordered prosecutors to explain why Cheryl Anne Kidd, who hit Wirick as he was walking in a crosswalk at 200 East and 400 South on Feb. 21, 2012, should be tried for misdemeanor negligent operation of a motor vehicle causing personal injury since there is no evidence the woman had been driving under the influence of drugs or alcohol.
"Simple negligence is not sufficient to prove a crime," Judge L.G. Cutler said, noting that the prosecution typically has to prove the defendant was doing something he or she should not have been.