A tour bus driver is facing 15 grand jury counts each of second-degree manslaughter and criminally negligent
homicide, for an accident that occurred on March 12 killing 15 of his passengers, as reported by CNN in New York.
Along with the 15 counts, O.W., 40, is also facing 23 counts of assault, one count of reckless driving, and one count of aggravated unlicensed operation of a motor vehicle.
The Bronx district attorney, Robert T. Johnson, claims that O.W. was unfit to drive a tour bus. Johnson said, "This tragedy is compounded by the fact that we believe that it was completely avoidable" and that O.W. "recognized the risk that his conduct posed to (the passengers) safety and well being of others, and yet chose to ignore that risk."
The accident occurred when O.W. crashed through a roadside barrier in the Bronx.
O.W. is being held on $250,000 bail. Attorney Sean Rooney, who was unavailable for comment, represents him.
The New York State Inspector General released his report on September 1. He found that O.W. should never have been able to obtain a commercial bus driver's license – and garnered one only by using both a fake name and fake identification.
Even O.W.'s false name, "Eric Williams", was denied driving privileges by the time of the crash. Per Inspector General Ellen Biben, his alias had a suspended driver's license.
The statement also revealed that O.W. had a criminal record – first-degree manslaughter and grand larceny.
Even with his criminal history, per Biben, O.W. could obtain a driver's license. However, the state's commercial licensing process would have ruled him out for driving a tour bus.
Biben said in her statement, "New York passengers and the public at large deserve to have the utmost confidence in the fitness and qualifications of bus drivers. There needs to be a higher level of scrutiny for licensing commercial bus drivers in this State."
The National Transportations Safety Board's investigation of the accident was as follows: The bus hit the roadside barrier, rolled, skidded 50 feet, and then collided with a highway signpost that went through the windshield – piercing the length of the bus.
The board's chairwoman, Deborah Hersman, also included in the report that the bus reached speeds of 78 mph sometime during the drive from Mohegan Sun Resort and Casino in Uncasville, Connecticut and the accident scene in the Bronx. The speed limit between the two areas is 50 mph for commercial vehicles.
O.W. reported to investigators that the accident occurred because another vehicle, a tractor-trailer, clipped the bus. The NTSB engineer located no evidence during the bus examination to substantiate O.W.'s statement.
Two lawsuits are pending from two survivors of the crash, asking for damages between $20 million and $200 million. In the suits it is alleged that O.W. was speeding and fell asleep while driving. They also hold the bus operating company liable for negligence.
If you are facing one or more criminal charges, contact a criminal defense attorney now to provide you with the help you need. A proper defense is paramount.
