A heated debate over a motion for judgment of acquittal this afternoon in the Tyler Festa trial.
For nearly 40 minutes the defense and prosecution argued back and forth over whether this case should be thrown out altogether.
Defense Attorney Pete Sala argued that Tyler Festa's failure to stop is ordinary negligence, not recklessness.
He argued that Festa was going under the speed limit, was not playing on his phone and was heading to work when the fatal crash happened.
That crash claimed the life of 13-year-old Ashley Clark and injuring Taz Gianelli on Route 97 back in 2011.
Sala argued that the yellow lights of the bus were flashing and that the bus had not come to a complete stop when the accident happened.
He says Festa reacted with the normal perception and traction when he spotted the buses' yellow lights.
However, District Attorney Jack Daneri argues that Festa deliberately failed to proceed with caution after seeing the amber lights of the bus and children on the side of the road.
Daneri says the case should move forward.
But the defense says there is not enough evidence for the jury to consider this case.
So today, no verdict was reached and the defensea requested for an acquittal.
Both parties will meet tomorrow at 8:45 a.m., and Judge John Trucilla will weigh the options.
Copyright 2015 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.