That's the big question following the defense requesting a motion for judgment of acquittal late Tuesday afternoon.
For nearly 40 minutes the defense and prosecution argued back and forth over whether this case should be thrown out or move forward.
Defense attorney Peter Sala argued that Tyler Festa's failure to proceed is ordinary negligence and not recklessness.
He told the judge 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 claiming the life of 13-year-old Ashley Clark and injuring Taz Gianelli on Route 97 back in 2011.
However, District Attorney Jack Daneri argues that Festa deliberately failed to proceed with caution after seeing the amber lights of the bus and spotting children on the side of the road.
Both parties will meet tomorrow at 8:45 a.m.
Judge John Trucilla will weigh the options and render a verdict.
Copyright 2016 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.