That report was flimsy. Searching the story provides more detail. Apparently, the bus driver was prosecuted for an age-based crime, not a violent assault. Prosecutors were willing to negotiate a plea deal in order to spare the victim from having to testify in open court. Prosecutors asked for a a "split to probation," which is a mix of jail time and up to 10 years' probation. They agreed that the offender would benefit from treatment, and considered the probability low that he would re-offend. A pre-sentencing report - which considers the defendant's past, input from the victim and the victim's family, the facts of the case and other factors - determined probation was the appropriate punishment. The judge gave the sentence. Some in the community are calling for the judge to be removed from the bench.