Bus driver faces jail time for leaving woman in hot bus

Correction: A previous version of this story incorrectly stated Scott Frye's jail sentence, which is five days with 175 days of suspended jail time.

LANCASTER - Alisha Lower's voice couldn't be heard in court Wednesday.

Lower's family spoke for her in Fairfield County Municipal Court and tried to describe how she felt when she was left in a Lancaster Public Transit bus for more than four hours on a day that reached 90 degrees last September. 

Lower — who was 29 at the time, but functions at the level of a 2-year-old — also could not speak up for herself on Sept. 8 when driver Scott Frye, 53, forgot she was on the bus when he returned to the Lancaster-Fairfield Public Transit depot.

Frye, 53, pleaded no contest Wednesday to failing to provide for a functionally impaired person and patient endangerment, both misdemeanor charges. Municipal Court Judge David Landefeld sentenced Frye to 180 days in jail, with 175 days suspended, and two years probation. He is also required to pay a $100 fine, court costs and complete a mental health assessment.

Lower's mother, Christina Carabin, spoke first:

"I'm sure if she could be here and she could talk, she would ask 'Why did you leave me. Why? What did I do that I deserved to be left when it's hot ... when I can't fend for myself ... when I depend on others who are employed by a system that is supposed to be trustworthy and empathetic to those who are vulnerable?'

"There's no feelings to describe how I felt the day I got the phone call. The way they were talking I thought they were going to tell me she was dead, and she very well could have been after four hours and 23 minutes without her medication, without food, without water. She could have wandered off. She could have gotten off. She could have been hit by a car. Who knows?"

Lower, who is autistic and nonverbal, was supposed to be dropped off at the Opportunity Center on Coonpath Road after being picked up from her group home at 8:15 a.m. Lower attends the Opportunity Center five days each week, but this time she did not get off the bus.

Special Prosecutor Melissa Schiffel said Lancaster police obtained video surveillance showing Frye parking the bus at Lancaster Public Transit's headquarters around 9 a.m.

"In that video, you can see (Lower) sitting behind the defendant," Schiffel said.

The video shows Frye returning to the bus after 1:30 p.m. Lower was later taken to the hospital and diagnosed with dehydration. Frye was terminated by Ride Rite, which is an independent contract company that provides drivers to Lancaster Public Transit, due to policy violations.

Frye's attorney Paul Hensley said Frye is remorseful and takes responsibility for his actions, but he did not speak on his own behalf. 

Frye has no prior criminal record was cooperative with police, Schiffel said.

Landefeld said it's clear this was a "traumatic and emotional" event for Lower and her family.

"Frankly this is more than just a lapse in judgment on your part," Landefeld said to Frye. It really did constitute a betrayal of trust with Alisha. I mean there's a duty that you had to Alisha and to her family to provide for her because she's not able to provide for herself."

Frye's jail sentence will begin June 4.

sremoquill@lancastereaglegazette.com

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Twitter: @SpencerRemo