January 16, 2025
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Possible plea deal for driver charged in fatal Halloween bus crash

Judge sets new court date after closed-door meeting

By Brenda Schory
Tyler A. Schmidt was charged felony aggravated driving under the influence; felony reckless homicide; felony aggravated driving under the influence of drugs causing great bodily harm; felony aggravated reckless driving; lesser offenses of failing to reduce his speed to avoid a crash, speeding over the posted limit and failure to stop before reaching a school bus.

Tyler A. Schmidt was charged felony aggravated driving under the influence; felony reckless homicide; felony aggravated driving under the influence of drugs causing great bodily harm; felony aggravated reckless driving; lesser offenses of failing to reduce his speed to avoid a crash, speeding over the posted limit and failure to stop before reaching a school bus. (Photo provided by Kane County Sheriff’s Office)

Instead of a hearing on alleged violations of electronic home monitoring, the driver involved in a fatal Halloween bus crash spent more than an hour Wednesday in a closed 402 conference.

According to Illinois Supreme Court rules, a 402 conference means the judge, prosecutors and defense attorneys discuss details of a possible plea agreement.

Tyler A. Schmidt, 20, of South Elgin, faces multiple felonies in connection with the Central School District bus crash that killed two passengers – Campton Hills siblings Grace and Emil Diewald – and severely injured a third, Kiley Cox of South Elgin. He also faces civil lawsuits related to the crash.

In an email, prosecutors said, “We do not comment on plea negotiations.”

Attorneys for Schmidt did not respond to a request for comment.

Schmidt has been on electronic home monitoring since Dec. 28, 2022.

In June, prosecutors sought to have him serve 30 days in jail for violating the terms of electronic home monitoring after the device showed he was speeding several times, went to restaurants and a skate park. The terms of electronic home monitoring limit his travel ability to work, church or doctor appointments.

After a September hearing, Judge David Kliment sentenced him to 14 days in jail, but stayed the sentence with a review in 30 days.

“Your attorney stated you are young and immature and you need to be admonished,” Kliment had said to Schmidt then. “You need to be perfect. You need to be perfect on this EHM (electronic home monitoring) from now on and all the terms of your release. If you are not perfect, I’m going to put you in jail. Do you understand that?”

Schmidt had replied, “Yes.”

In October, Kane prosecutors filed court papers seeking to lift the stay, alleging that Schmidt tested positive for THC, the active ingredient in marijuana and that he was cited for illegally passing another vehicle on the shoulder of the road Sept. 27. Both actions also violate the terms of electronic home monitoring.

A series of court dates were set, canceled and continued to Dec. 11, records show.

His next scheduled court date is Jan. 6, 2025.

Kane County