Former school bus driver guilty of reckless driving

A former substitute bus driver at Tye River Elementary School was found guilty of a misdemeanor count of reckless driving last Thursday in

connection with a May 2017 incident in the course of her duties as a bus driver.

Terry Lyn McClellan, 54, of Arrington, initially was charged with driving while intoxicated with a child, a misdemeanor, but the charge was reduced at a hearing in Nelson County Circuit Court last week. She also pleaded guilty to driving a commercial vehicle while having any amount of alcohol in her blood system, an infraction. The charge was reduced from a felony count of child endangerment in accordance with a plea agreement.

Judge Michael Garrett sentenced McClellan to 30 days in jail with all time suspended and imposed $500 in fines.

Nelson County Commonwealth’s Attorney Daniel Rutherford said McClellan pleaded guilty to having alcohol in her system but not at a level for a DUI conviction. He said in a later email the

offenses came while schoolchildren were on the bus.

Rutherford said in court the matter did not come to the attention of law enforcement until a week after it occurred. The Commonwealth’s Attorney Office was informed by a concerned employee about the matter, Rutherford said.

An investigation ensued and the initial charges were presented to a grand jury last fall, Rutherford said. McClellan was then arrested on direct indictments following the grand jury proceedings, he said. She was not in custody during her court appearance last Thursday and left the courthouse following the sentencing.

Rutherford said a field sobriety test wasn’t immediately taken from

McClellan, though a urine sample was later obtained by law enforcement soon after the Nelson County Sheriff’s Office became aware of the incident. School officials with whom Rutherford conferred, whom he did not identify in court, considered it a personnel matter, Rutherford said in explaining the delay in obtaining evidence.

Tim Carwyle, McClellan’s attorney, said in court as a result of the incident McClellan was discharged from her position and no longer is a school bus driver.

Rutherford said his office does not take lightly reducing the charges.

“It’s pretty clear the commonwealth’s hands were tied,” Garrett said after Rutherford spoke to the circumstances of the plea deal.

Nelson County Schools Superintendent Jeff Comer said when reached for comment no schoolchildren were harmed during the incident but could not elaborate on details, citing a personnel matter.