January 07, 2025
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Judge sends driver in fatal Halloween bus crash to jail

Tyler Schmidt expected to serve 15 days for violating pretrial rules

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)

A Kane County circuit judge Monday sentenced a driver involved in a fatal school bus crash to 30 days in jail – 15 with good time to apply – for violating the terms of his pretrial release on electronic home monitoring.

Corrections officers took Tyler A. Schmidt, 20, of South Elgin, into custody.

Schmidt 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 for the deaths and injuries.

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

In June and October last year, prosecutors sought jail time for Schmidt for violating the terms of electronic home monitoring. The violations included illegally passing a vehicle on the shoulder of the road, testing positive for THC, the active ingredient in marijuana, speeding and going to restaurants and other locations.

Electronic home monitoring allowed him to travel to work, church or doctor appointments only, and not to violate any other laws.

Prosecutors sought the sanction of 30 days in jail on Schmidt for the violations.

Kliment had sentenced Schmidt to 15 days in jail but issued a stay on that sentence.

On Monday, Kliment lifted the stay.

“I am reconsidering that sanction at this point in time,” Kliment said. “It was 15 days. I’m going to impose a 30-day sanction (with) good time to apply, so, Mr. Schmidt, you are going to be taken into custody and serve 15 days.”

Good time is day-for-day credits that reward good behavior while in detention.

Kliment said prosecutors' second motion for sanctions is not being withdrawn.

“You are going to be released after you serve this 15 days,” Kliment said. “If you violate the conditions of your pretrial release again – during that period of time before your next court date when this case is hopefully be resolved – I will impose additional sanctions. Do you understand?”

Schmidt replied that he did.

Kliment set the next court date for Feb. 5.

At the previous court date Dec. 11, Schmidt, his lawyers, prosecutors and the judge met in a closed 402 conference.

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

As it stands, Schmidt was home for Christmas and New Year’s, but will be in custody for his 21st birthday on Wednesday.

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