Grand jury indicts man accused of killing CATS bus driver

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CHARLOTTE — A grand jury, on Tuesday, indicted a man accused of shooting and killing a CATS bus driver on Feb. 11 in uptown Charlotte during a road rage incident

Darian Dru Thavychith was charged with Ethan Rivera’s murder after being arrested on March 1 in Shawnee, Kansas at a gas station. Thavychith waived extraction in Kansas during his first court appearance, before he was eventually brought back to Charlotte.

Two officers escorted Tavvychith into CMPD headquarters when he arrived.

He kept his head up as he walked into the police department and didn’t make eye contact with anyone waiting outside.

On March 18, Thavychith was in court and a judge set no bond for the murder charge and $15,000 for the charge of discharging a firearm into occupied property.

The indictment transfers the case to Superior Court so there will not be anymore District Court hearings.

Before the indictment, Thavychith was scheduled to be in District Court on March 30, but that has been canceled. There is no date scheduled yet for Thavychith’s appearance in Superior Court.

Rivera’s mother spoke with Channel 9 last week for the first time following the video release of the moments leading up to his death.

“My heart hurts and it’s pain. It’s actual pain,” Sylvia Rivera, Ethan’s mother, said.

She spoke with reporter Glenn Counts about how the release of the CATS video brought back the pain of her son’s loss.

“It actually took me back to that telephone call. It actually took me back there. I’ve been struggling to get through. It’s only been a month,” Sylvia Rivera said.

The surveillance video, released March 11, shows Thavychith and Ethan Rivera arguing, however Sylvia Rivera said there was no excuse.

“Those were words. That doesn’t deserve a gunshot,” Sylvia Rivera said. “You were in a car. You could have kept driving. Those are freaking words.”

Sylvia Rivera said she wants to be in Charlotte to see Thavychith in person once he goes to court. She said she wants to remind him of the life he needlessly took.

Sylvia Rivera said that as painful as the video has been for her, she is more concerned about Ethan’s children. She said she doesn’t want them to see it, but feels there’s probably no way to prevent that now.

(Watch the video below: Mother of CATS bus driver killed in uptown speaks after video released of shooting)

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“I don’t know how to prepare any child to see something like this. I don’t know how to prepare them. What I can do for them. It tore me apart,” Sylvia Rivera said.

Counts said it was clear through their conversation, Sylvia Rivera would have preferred that the video not be released. She told Channel 9 that officials only gave the family a few days’ notice.

“So I’m very disappointed in the CATS company. Again, like I said, legally I don’t know if we could have done anything, but they didn’t give us a chance to even try,” Sylvia Rivera said.

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CATS said it released the video following a public records request.

The organization also released a statement saying in part:

“The shooting of CATS bus operator Ethan Rivera was tragic and senseless. He was a public Servant and did not deserve to be harmed in any way while performing his job duties. We continue to pray for Mr. Rivera’s family.

“CATS also continues to support its operators as they do the important work of moving the citizens of this region. We heard their concerns and are working with the Sheet Metal, Air, Rail, Transportation (SMART) employee union — the certified collective bargaining unit that represents the bus operators — to address them. CATS will pay close attention to security enhancements and providing operators with tools surrounding de-escalation that might help calm tense situations.”

Since the tragedy, CATS drivers have called on city leaders to protect them on the job. One of the top security measures that has come up is bulletproof shields around drivers.

Sylvia Rivera also told Channel 9 that she has supported efforts by the SMART labor union that has advocated for safer work conditions for drivers, such as installing bulletproof shields.

She said so far, she hasn’t been impressed by what she claims is CATS’ response.

“One of them had the nerve to say, ‘Well, this is an engineering and cost issue,’” Sylvia Rivera said. “How much more can I pay than my son’s life?”

City councilman Tariq Bokhari and candidates running for council unveiled a bulletproof, shielded enclosure Monday to be placed on city buses. The group worked with local business to design and create the shields.

On Thursday, CATS said it hopes to learn more about the prototype and continue the discussion about the technology.

“They’ve said we’re willing to take that torch and figure it out. And now we can put the action in their hands where it belongs, but giving them a breadcrumb trail of exactly how to do it cost effectively and aggressively,” Bokhari said.

CATS’ full statement on the bulletproof prototype:

“We appreciate the work and thought that went into creating the bullet-resistant prototype. We are open to further discussions about the feasibility of this technology. CATS will meet with the groups that led the design and development to learn more about the prototype.

“CATS will also continue to work with the SMART employee union to address its concerns. CATS has already taken the following actions:

  • “CMPD has added patrols of the Charlotte Transit Center (CTC) and bus routes requested by the SMART Employee Union. Department of Homeland Security Visible Intermodal Prevention and Response (VIPR) teams will make random visits to and patrol CATS facilities. CATS will also add additional company security (Allied Universal) resources for all bus facilities.
  • “CATS is working with CMPD to identify and implement de-escalation training for bus operators and CATS frontline employees. This training will be given to current bus operators and added to new employee training program.
  • “CATS has surveyed every bus to identify and fix any malfunctioning bus radios. CATS Instituted new daily procedures for radio checks prior to morning pull-out. Any bus that has malfunctioning radio will be immediately swapped out for another bus.”

So far, CATS has released a list of safety changes it has made, such as adding CMPD patrols at the transit center and on some bus routes.

In the long term, CATS said it will be inspecting every bus to identify any bus radios that don’t work, as well as providing employees with recruitment and retention bonuses within the next 30 days.

(WATCH BELOW: CATS release new video showing moments before bus driver shot, killed in uptown)

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