The truck driver Marlin Benitez will have to appear in court on February 22nd, 2012, if convicted he can spend a maximum of one year behind bars. At the time of the fatal accident Benitez was not in possession of legal residency neither did he have a St. Maarten's driver's license. However, the driver was in possession of a driver's license from the Dominican Republic.
The late Silvia Lynch (13) a former student of the Marie Genevieve de Weever School was killed when she hopped off a school bus in front of her Sucker Garden home. Her sudden death sparked outrage in the St. Maarten community. Residents and radio listeners bombarded Chief Prosecutor Hans Mos for releasing the undocumented and unlicensed driver the same day Lynch was killed. Mos had said on several occasions that the driver will be prosecuted.