Hartland school bus driver accused of OWI; plea deal rescinded
Hartland school bus driver accused of OWI; plea deal rescinded
Waukesha County prosecutors are taking back a plea deal offer for a school bus driver charged with OWI.
WAUKESHA, Wis. - Waukesha County prosecutors are taking back a plea deal offer for a school bus driver charged with OWI.
Plea deal off the table
What we know:
Prosecutors said bus driver Walter Cunningham was intoxicated and endangered more than two dozen children on board his school bus in January 2025.
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A plea deal was reached two weeks ago. In exchange for pleading no contest to a misdemeanor charge of OWI, prosecutors planned to dismiss the 28 felony counts of second-degree recklessly endangering safety charges. The state recommended 60 days in jail.
Defense weighs in
What they're saying:
Defense attorney Anthony Cotton said the plea would have avoided a trial and the need for children to testify.
"He wasn’t drunk. He wasn’t under the influence of drugs. He had some Robitusin DM in his system and a therapeutic level of anti-depressants," Cotton said.
Anthony Cotton
Cotton said Cunningham has no prior criminal record and was a "beloved driver." The defense attorney said it was a new bus route that January day, Cunningham missed some stops, and the children on the bus became unruly.
Hartland bus driver OWI arrest; 911 audio released from 2025 incident
Newly released 911 audio reveals panic during a January 2025 Hartland bus ride that led to OWI and 28 endangerment charges against 73-year-old driver Walter Cunningham.
Cotton said Cunningham failed field sobriety tests because he was 71 years old at the time, and had a double knee replacement.
Prosecutors said Cunningham shouted at the children, saying things like, "I am God on this bus."
Court appearance on March 2
Local perspective:
In court on Monday, March 2, prosecutors rescinded the plea deal, saying parents wanted to talk to the district attorney first before an offer was put on the table.
Walter Cunningham
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"So, we are sort of back to square one, unfortunately," Cotton said.
What's next:
A Waukesha County court commissioner initially set cash bond for Cunningham at $1 million. Cunningham spent 30 days in jail before bond was amended. He will be back in court on April 6 for a follow-up hearing.
The Source: Information in this post was provided by Wisconsin Circuit Court Access, the criminal complaint associated with this case, and previous FOX6 News coverage.