In the pre-dawn dark of March 19, Joseph Moriba had left his job at a group home early and had turned onto Route 443 from Route 309 in West Penn Township.

He was right behind a Kistler Transportation Company school bus driven by Cindy Rascavage.It was about 6:30 a.m., and Rascavage had stopped the bus, turned on the blinking yellow, then red, lights, and opened the door.She was waiting for three students, ages 19, 14 and 12, to board when Moriba, police say, passed on the right, driving his black Toyota between the children and the bus."Cindy said she doesn't know how the car missed the three kids due to the fact (that) it was dark outside," township police Chief Brian Johnson wrote in a criminal complaint filed with District Judge James Ferrier of Orwigsburg.Johnson charged Moriba with three counts of recklessly endangering another person, reckless driving, meeting or overtaking a school bus, and following too closely.This week, Moriba, 37, of Reading, waived his right to a preliminary hearing. He remains free on $2,500 unsecured bail.According to the complaint, a witness who was driving behind Moriba called his girlfriend to tell her what he had seen and gave her the license number.The woman then contacted police.Johnson contacted Moriba, who said he was driving a black Toyota with that license plate at the time of the incident, and that he did see a school bus.Johnson told him he was investigating a reckless driving complaint and asked him to come to the police station.When Moriba arrived there at 7:15 a.m. March 23, Johnson read him his Miranda warnings, and Moriba declined to speak.Moriba declined comment on the advice of his attorney, Emeka Igwe of Philadelphia, because the case is still pending.