Published: Feb 19, 2014 5:49 PM EST
Updated: Feb 19, 2014 6:57 PM EST

COLLIER COUNTY, Fla.- A school bus driver will not be charged after a fight broke out on her route. Months ago a child passed out after another kid choked him. Originally the driver was arrested for not stepping in, but the state says that arrest wasn't warranted. WINK News has uncovered this incident has changed how kids are watched on the bus.

"We're concerned for other drivers, this could have easily happened to anyone of us, it's a disgrace," said bus driver Peter Cullen.

Cullen is upset his co-worker, Irena Fulton, faced a charge of child neglect after a fight broke out on board her school bus. Deputies say a student choked another child until he passed out, and Fulton was accused of doing nothing.

"She was arrested, cavity searched, humiliated, and now they are saying they made a mistake."

But, the State Attorney's Office says it didn't find enough evidence to charge her, and now, this case has sparked change. The district has confirmed to WINK News, a chaperone was added to several of the buses serving the Boys and Girls Club. The fight happened from Boys and Girls to Golden Gate Elementary. Cullen says this route often has problems.

"The lady has a lot of different things on her plate when she is driving, the safety of her children, the safety of the road," said Cullen.

Fulton's attorney, Jerry Berry tells WINK News, he would have liked to see this charge thrown out a long time ago.

"Whenever someone is facing felony charges, potential jail time or prison time, it weighs on you, she's been waiting to be cleared."

The district says adding the chaperone's has been effective. They also confirm Fulton is still employed and is currently working in administration.