- Prosecutors have revoked a plea deal for school bus driver Walter Cunningham, reviving 28 felony counts against him.
- Cunningham faces charges related to endangering 27 children during a confusing bus ride in January 2025.
- Initially, he had the opportunity to plead to a misdemeanor OWI in exchange for dismissal of felony counts.
WAUKESHA, Wis. — Months after a separate case involving the assault of three students with autism resulted in a guilty plea, prosecutors have pulled a plea offer for school bus driver Walter Cunningham, reviving the 28 felony counts originally filed against him.
Cunningham was arrested in January 2025 following a bus ride that left 27 children, aged 4 to 14, in what investigators described as a state of "panic and confusion." He faces one count of operating while intoxicated (OWI) and 28 counts of second-degree recklessly endangering safety.
The Canceled Agreement
The plea deal, reached in mid-February 2026, would have seen prosecutors dismiss all 28 felony counts in exchange for a "no contest" plea to a single misdemeanor OWI charge. Under that agreement, the state would have recommended a 60-day jail sentence.
However, prosecutors announced this week that the deal is now off the table. The decision effectively places the felony charges back at the forefront of the legal proceedings, significantly increasing the potential prison time Cunningham faces if convicted.
Incident Details and 911 Reports
The charges stem from a January 2025 afternoon when Cunningham was driving a bus for the Hartland school district. According to 911 audio and police reports:
Erratic Driving: Children on board reported that the bus "almost crashed into a car" and was traveling at speeds that made them fear the vehicle would "tip."
Police Intervention: Responding officers noted that children were seen running away from the bus before it was officially pulled over.
Sobriety Testing: Officers at the scene reported that Cunningham exhibited slurred speech, glassy eyes, and poor balance. He subsequently failed multiple field sobriety tests.
Defense and Bus Company Statements
Defense attorney Anthony Cotton maintains that Cunningham was not intoxicated. He stated that blood tests revealed only "Robitussin DM" and therapeutic levels of antidepressants. Cotton characterized Cunningham as a "beloved driver" with no prior criminal record who simply became confused by a new bus route.
A representative from the bus company corroborated that it was not Cunningham’s normal route. They suggested the "panic" began when Cunningham missed an initial stop and turned into a subdivision to correct his course, leading the students to believe they were being taken to the wrong location.
Cunningham is scheduled to return to court for further proceedings now that a trial appears more likely.
For more cases on intoxicated driving gone wrong, check out our video here:
