Inspired by ‘heroic’ Pasco driver, WA bill would criminalize school bus trespassing

A bill making its way through the Washington Legislature would make it a criminal act to trespass on public school buses.

The “Richard L. Lenhart Act” aims to increase the safety of students and bus drivers by making bus trespassing a class C felony, punishable by up to five years in jail and up to a $10,000 fine.

It’s named for Dick Lenhart, 72, a Pasco bus driver brutally stabbed to death by a stranger in front of 35 students outside Longfellow Elementary School in September 2021.

If passed, Washington would be the ninth state in the U.S. to create a specific criminal punishment for such actions.

The legislation — detailed in House Bill 2133 and Senate Bill 5891 — has garnered bipartisan sponsorship in both chambers of the state Legislature.

The deadly Pasco attack sent shock waves through the Tri-Cities community and sparked an outpouring of support for the family of the beloved man who drove Route 4. His actions defending students from the suspect have been characterized as heroic.

“This bill is too important not to be made into a law,” said Lenhart’s widow, Nancy, while fighting back tears during her testimony this week in front of the House Community Safety, Justice and Reentry Committee.

The couple had been married for 40 years and the incident turned Nancy Lenhart into an activist for bus driver safety.

“I have children, grandchildren and great grandchildren — I rode a school bus, they’ve all rode school buses. And I have children in Kansas, Missouri, Texas, North Carolina, and they have all stopped riding their school buses because those states don’t have trespassing laws, either,” she said, wearing a button with the face of her late husband.

Roughly 8,000 school buses are on the road every day transporting students to and from school, according to the state Office of Superintendent of Public Instruction. There is currently no criminal offense for school bus trespassing in Washington state, although laws do exist to bar vehicle prowling and burglary.

The bill in its current form would not apply to law enforcement officers, people with permission to enter and remain on a bus, or in emergency situations where entering the bus would prevent the injury or death of students.

School districts would also be required to install placards on buses educating the public about trespass laws. Districts and educational institutions would also be responsible with organizing awareness campaigns for students, parents and the community about the importance of maintaining safety and security on public school buses.

Testimony in WA Legislature

State Rep. Mark Klicker, R-Walla Walla, sponsor of the House bill, called the legislation a “no brainer.”

Klicker mentioned a recent bill that passed the House that would create tougher penalties for making threats or harassing election workers. Students and public school employees should get those same protections, he says.

“Our school grounds are protected from trespassing and our buses should be too,” Klicker said in a Thursday statement. “If we can create legislation to protect election workers, we should do the same for students, bus drivers and all school employees. None of us ever wants to see another incident like the one that happened in the Tri-Cities a few years ago, and that’s exactly what this bill aims to do.”

Pasco School District Superintendent Michelle Whitney said the Sept. 24 incident robbed young students of their sense of security and left “emotional scars, forever altering the course of their childhood.”

Many of those students are still receiving counseling today, Lenhart said. Despite having those supports, many students continue to struggle with a pervasive sense of insecurity and families have made sacrifices to address the trauma.

“The impacts to the children and families of Longfellow Elementary have been profound,” Whitney told the committee.

“Many students exhibit changes in their personalities, sometimes manifesting in physical symptoms like headaches and stomach aches. Children who are naturally outgoing have been withdrawn and have exhibited unexpected behaviors. Simple tasks like walking to the school bus became sources of fear. Throughout the school year, routine activities like fire drills or visits from our local police departments have led to tearful or fearful reactions,” she continued.

David Trieweiler, testifying on behalf of the Washington Association of Criminal Defense Lawyers and the Washington Defender Association, opposed the bill, saying stricter penalties would not deter crimes committed by mentally disturbed individuals and wouldn’t prevent further tragedies.

“People most likely to be charged with this offense are juveniles, and it’s precisely this group for whom we should not be creating new felonies. Due to their immature brains and impulsive behavior, they’re not likely to think about the increased criminal penalties or the lifelong collateral consequences of a felony conviction that would result from this bill,” he said.

The bill currently awaits a vote from the Community Safety, Justice and Reentry Committee.

Sept. 2021 stabbing

Richard Lenhart was picking up students outside Longfellow Elementary to take them home when Joshua Davis, 36, approached the bus.

Davis boarded the bus to ask if it was going to stop at a particular intersection.

When Lenhart said it wasn’t, Davis turned and started to leave. But security camera video shows Davis turn back toward Lenhart, took out a knife from his pocket and stabbed him.

Davis jumped off the bus, threw the knife onto the ground and told school officials, “I’m the assailant.” He didn’t flee, instead waiting for police to arrive.

None of the 35 children on board were threatened or injured.

It’s likely Davis had been suffering from schizophrenia for a few years by the time he killed Lenhart, according to court documents.

Medical reports in the court case show Davis began receiving treatment for headaches in 2019. At one point, he became convinced he was suffering from “Havana Syndrome,” and believed government agents were trying to turn him into “a terror cell.”

Davis left a note for his roommate before leaving the day of the stabbing, which read, “If you’re reading this, then I’ve murdered children.”

A trial date has not been set yet for Davis. A review hearing is set for Feb. 27. Findings from two psychologists contradict if Davis was sane at the time and can be tried for premeditated murder.