The grand jury was tasked with determining whether the truck driver's actions in the accident were "reckless" as opposed to "negligent," according to Sarber. In the end, the jury members were unable to find legal grounds to determine conscious recklessness.

Indiana State Police troopers, crash scene re-constructionists, investigators and other experts presented evidence to the grand jury over the course of two days, Sarber said. The grand jurors deliberated for about three hours before reaching their decision.

Winamac student Owen Abbott, 13, was killed in the accident on Dec. 5, on U.S. 31, near Plymouth. Thirty-eight students and three chaperones were on the school bus, one of two EPCS buses enroute to Warsaw on a field trip. Another student was hospitalized for treatment, and a few others suffered minor injuries.

The school bus had just stopped at the railroad crossing, as required by law. As the bus accelerated to continue, Perry's truck struck the left rear of the school bus. Perry did admit to investigators that he was momentarily distracted just before he noticed the bus stopped in front of him.

Neither Perry, nor the school bus driver, tested positive for the presence of alcohol or illegal drugs.

While the criminal investigation into the accident is now closed, Abbott's family has filed a wrongful death civil lawsuit against Perry and his employer.