Former CapMetro bus driver accepts plea agreement for killing Austin bicyclist in 2019

A former, contracted CapMetro bus driver, who hit and killed a bicyclist in 2019, has agreed to a plea deal with prosecutors.

Mindi Stafford pleaded guilty last month to criminally negligent homicide. Former FOX 7 employee Tony Diaz was killed when the bus Stafford was driving ran over him while he was biking on the UT campus on Jan. 28, 2019.

According to court documents, Stafford was slow to react as passengers yelled at her to watch out for the cyclist. Detectives found four prescription medications in Stafford's backpack. The medications had side effects that included confusion, dizziness and drowsiness. No alcohol or illegal drugs were found in her system, but Stafford did fail a sobriety test.

Mindi Stafford pleaded guilty last month to criminally negligent homicide

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Originally, Stafford faced a manslaughter charge, but that was changed to negligent homicide. She is expected to officially accept a plea agreement on Wednesday in court for seven years deferred adjudication. 

Deferred adjudication, essentially probation, allows a defendant to accept responsibility for a crime without an actual conviction. 

Former FOX 7 employee Tony Diaz was killed when the bus Stafford was driving ran over him while he was biking on the UT campus on Jan. 28, 2019.

"We have been waiting several years for some resolution on the criminal case, and I am very troubled to hear what the resolution is," said Adam Loewy, an attorney who represented the Diaz family in a wrongful death lawsuit and negotiated an undisclosed settlement. "This woman should spend some time in prison reflecting on killing this young man, and it is so troubling to hear that some sort of deal like this is going to be struck."

The DA’s office was unable to comment ahead of sentencing, but a spokesperson told FOX 7 that more information on the plea deal will be shared Wednesday.

A family member of Diaz told FOX 7 that "she can understand why some people think seven years deferred adjudication is not enough time to serve for Tony’s death, but their family is very forgiving and okay with the plea deal."