DA charges EMBARK driver after bus runs over pedestrian

OKLAHOMA CITY — Oklahoma County prosecutors have filed felony charges against an EMBARK bus driver accused of “fatally striking” a pedestrian in September and failing to report the full extent of the incident to authorities. EMBARK is the city’s public transit agency.

Cameron Timothy Cunningham, 26, was charged Oct. 17 in Oklahoma County District Court with second-degree manslaughter and leaving the scene of a fatality collision. An arrest warrant was issued on Monday.

As of publication, the Court Clerk’s office reports that the warrant has not been returned, meaning there has been no surrender or arrest.

The charges stem from a Sept. 10 incident in which 61-year-old Steven Thomas was struck by a city bus near W. Hefner Road and Military Avenue in northwest Oklahoma City. He died later on the way to the hospital.

The incident

According to a probable cause affidavit filed by the Oklahoma City Police Department, Cunningham was the driver of an EMBARK bus when Thomas approached the vehicle at a stop near the northside intersection of W. Hefner Road and N. Military around 5:00 p.m. The driver claims he appeared unsteady on his feet.

Cunningham allegedly denied service to Thomas because he suspected the man was intoxicated. As the bus pulled away, Thomas kept his hands on the vehicle, lost his footing, and fell beneath the rear wheels, which ran over him.

Video surveillance footage from the bus showed Cunningham appeared to witness the incident in his rearview mirror and audibly reacted, saying “Oh! Shit…” as the rear tires struck Thomas, according to the affidavit.

The affidavit states that Cunningham then stopped the bus and dragged Thomas out of the street, but he did not call 911. Instead, Cunningham contacted his dispatch and route supervisor via radio.

During that exchange, Cunningham claimed that Thomas had simply fallen and was injured, but did not report that Thomas had been struck or was bleeding. Investigators said he failed to mention visible traumatic injuries, including a severe laceration to the lower abdomen and hip area, or that Thomas was unresponsive.

Due to the inaccurate information provided, dispatchers treated the call as a non-emergency. Cunningham remained at the scene for 10 to 11 minutes before being advised to move Thomas’ legs out of the road and continue his route, which he did, according to the affidavit.

Emergency response and death

Emergency medical responders did not arrive until approximately 30 minutes after the crash. EMSA medics who eventually transported Thomas reported that he had likely suffered an “auto-ped collision” — a traffic term for a pedestrian struck by a vehicle. They told police that Thomas went into cardiac arrest, or “coded,” at least once on the way to OU Medical Center.

Thomas was pronounced dead at the hospital. The Office of the Chief Medical Examiner listed the preliminary cause of death as exsanguination — blood loss — caused by blunt force trauma.

Investigation, charges

The police investigator assigned to the case, Sgt. Brett Like of the department’s Hit and Run Unit, wrote in the affidavit that Cunningham’s actions showed “culpable negligence.” He cited the failure to provide accurate information, failure to call 911, and ultimately leaving the scene while Thomas was still alive but critically injured.

Cunningham is currently facing two felony charges filed by Oklahoma County District Attorney Vicki Zemp Behenna’s office:

  • Leaving the scene of a fatality collision, under Title 47, Section 10-102.1 of the Oklahoma Statutes.
  • Second-degree manslaughter, under Title 21, Section 716, for allegedly causing Thomas’ death through negligent actions.

Court records show that a warrant for Cunningham’s arrest was issued on Monday with a $15,000 bond set. No arrest or surrender is reflected in the records at publication.

As of Thursday, no court date has been set for Cunningham’s initial appearance. It is unclear whether he has obtained legal representation.

EMBARK responds

EMBARK issued a statement late Wednesday evening expressing condolences and confirming that Cunningham had been placed on leave.

“Our hearts go out to the family as they navigate this incredibly difficult time, and we express our sincerest condolences,” the statement read in part. “We have been cooperating fully with both the District Attorney’s Office and the Oklahoma City Police Department in their investigations. The employee has been placed on administrative leave in accordance with company policy.”

The incident raises broader questions about training and emergency protocols for public transit operators. Police documents suggest that internal communications between the driver and route supervisors contributed to delays in emergency response, potentially reducing Thomas’ chances of survival.


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Brett is the founder, and editor in chief of Oklahoma City Free Press. He continues to contribute reporting and photography to the efforts of the publication as well as leadership in developing support.