Erie County District Attorney Jack Daneri was in Pittsburgh Thursday, appealing a judge's decision, throwing out the most serious charges against 20 year old Tyler Festa.
He's accused in the fatal crash, which killed 13 year old Ashley Clark, as she was getting on her school bus, in December 2011.
Back in June, the Erie county judge dismissed homicide by vehicle, and manslaughter charges.
He said Clark was jaywalking, and Festa didn't break any traffic laws. Festa was only charged with two traffic summary offenses.
But, Daneri wants the charges re-instated, arguing Festa acted with criminal recklessness or gross negligence.
He presented that argument to the State Superior Court in Pittsburgh Thursday.
No word when the court will make a decision.