Thread: illegal alien BUS DRIVER charged with 23 counts of HOMICIDE!

http://www.cbsnews.com/stories/2005/10/ ... 9073.shtml

(CBS/AP) Charges are being filed against the driver of a bus that caught fire near Dallas while carrying people fleeing Hurricane Rita. The driver is being charged with criminally negligent homicide in the deaths of 23 passengers.

The bus, run by Global Limo of McAllen, Texas, was taken out of service in July after its registration expired. It was allowed back on the road because of a waiver signed by Gov. Rick Perry intended to make available as many commercial vehicles as possible for the hurricane evacuation.

The Federal Emergency Management Agency paid Global Limo $48,000 to evacuate people last month from Hurricane Katrina in New Orleans, he said.

The charges against Juan Robles Gutierrez, a 37-year-old Mexican national, were forwarded to District Attorney Bill Hill, Sgt. Don Peritz said.

Robles was taken into federal custody on an immigration violation five days after the Sept. 23 explosion near Dallas.

Peritz would not give specific examples of illegal actions by Robles, saying details would be released if he is indicted.

"The bus is under his care, custody and control and so is every one on board," he said. "Safe transportation from the nursing home to the final destination is his responsibility. Based on the end result, he failed in that responsibility."

There was no comment from the bus company, Global Limo Inc. of Pharr. Its telephone was disconnected Monday.

According to Federal Motor Carrier Safety Administration records, drivers for Global had been ordered to stop driving five times in the last three years, mostly for infractions regarding bus logs. In 2004, the company was rated as "satisfactory," with no evidence of major safety problems in recent years, records show.

Johnny Ray Partain, a former Global investor who has fought a legal battle with its owner for several years, said he has driven four of the company's buses and warned a court in May that the vehicles were poorly maintained and dangerous.

"I was complaining about the brakes," Partain said Sunday. "My attorney asked me if those buses are dangerous, and I said, 'Yes, somebody's going to get killed."'

Partain said Global has lost its business charter twice within the past 16 months for failing to pay state franchise taxes and does not pay its drivers very much. The company also filed for bankruptcy in February.

Edna Briant remembers lying on concrete, praying that her back wasn't broken, screaming for someone to rescue her 84-year-old sister from the burning bus that carried them and dozens of other nursing home patients away from the predicted path of Hurricane Rita.

"I said, 'Get Claire!" said Briant, 87, a deep purple bruise evident on her left arm as she pointed to her sister. The two sat in side-by-side wheelchairs Sunday in a neat Dallas nursing home room, their calm smiles giving no hint of the harrowing month they had just survived.

The sisters were evacuated from New Orleans during Hurricane Katrina. On Friday, they were hustled from Houston amid gridlocked traffic as frantic Texans fled the coastal region. But before they got to Dallas, the pair survived a fire aboard a bus that left 23 people dead.

Briant, seated two rows behind the driver, said the group was on the bus for more than 15 hours when it "made a funny noise." The bus had already stopped once to fix a blown out tire, causing "some mumbling and grumbling" among passengers.

When the bus stopped a second time, the driver looked concerned, she said.

"All of a sudden, he got out of the chair and he pushed my legs over and he's looking underneath" to the floor of the bus, she said.

The driver checked outside the vehicle and apparently noticed a problem, perhaps seeing flames or smoke. He briefly conferred with aides and yelled for passengers to get off the bus.

"I said, 'You know I can't walk!"' Briant said. An aide rescued her by throwing her "on her shoulder or something," quickly putting her down on the ground, and going back for more people.

"I couldn't move, and I said, 'Please God, don't let my back be broken,"' she said.

Her sister later joined her on the roadside, along with several others dragged from the burning vehicle, Briant said. A series of explosions, at least some caused by the passengers' oxygen tanks, fueled more intense flames, authorities said.

Tina Jones, a nurse at Baylor University Medical Center, was on her way to work around dawn when she noticed black smoke billowing from a bus ahead of her on Interstate 45 just south of Dallas.

The bus moved over to the shoulder. That's when the first explosion happened, rocking Jones' minivan. At first, she thought she had been rear-ended. Then, the second blast came and fire erupted from the bus.

"The flames were just horrific. They were huge, especially it being so dark," Jones said.

Jones looked out her car window and saw a police officer. She yelled that she was a nurse, and the officer waved her through traffic.

Two off-duty paramedics who also passed the bus were already tending those who had escaped. Jones then noticed an elderly man lying on the pavement and sobbing, calling for his wife, who died in the fire.

"He was saying, 'I need Ada, I need Ada,"' Jones said.

AOL NEWS

http://articles.news.aol.com/news/artic ... 0809990023

Bus Driver Faces Homicide Charges
Vehicle Caught Fire While Fleeing Hurricane Rita, Killing 23
By MATT CURRY, AP

DALLAS (Oct. 17) - The driver of a bus that caught fire while carrying nursing-home patients fleeing Hurricane Rita was charged Monday with criminally negligent homicide in the deaths of 23 passengers.

Juan Robles Gutierrez, a 37-year-old Mexican citizen, was taken into federal custody on an immigration violation five days after the Sept. 23 explosion near Dallas.

Sgt. Don Peritz, a spokesman for the Sheriff's Department, would not give any specific examples of any negligence by Robles, saying details will be released if he is indicted.

"The bus is under his care, custody and control, and so is everyone on board," he said. "Safe transportation from the nursing home to the final destination is his responsibility. Based on the end result, he failed in that responsibility."

There was no comment Monday from the bus company, Global Limo Inc., which was shut down by federal officials earlier this month because its drivers and the condition of its vehicles were "likely to result in serious injury or death." Its telephone has been disconnected.

Peritz said the investigation was continuing and additional charges could be filed.

The bus erupted in flames fire about 16 hours after leaving Houston. Some passengers and the driver escaped, but the flames, fed by 18 medical oxygen tanks, trapped many inside.

From the beginning, investigators focused on the condition of the bus brakes. A motorist told investigators he motioned the driver to pull over shortly after seeing a rear wheel hub that was glowing red.

Authorities said Robles did not mention the encounter with the other driver when they interviewed him after the fire.

Sheriff Lupe Valdez said investigators also found no evidence that Robles helped several people off the bus before it was engulfed in flames, which was widely reported after the explosion.

"After an exhausting number of interviews, we have been unable to confirm any of those claims," Valdez said in a statement.

However, Peritz said a failure to help crash victims was not part of the charges against Robles.

The Texas Department of Public Safety has said that the bus' right rear brakes failed because of the loss of bearings, and that the left rear brakes were "not maintained in good working order."

The real bad guy in this story is the American owner and not the Mexican driver. I am not excusing Robles being here but the problem was with more than his conduct. The owner had a whole fleet of bad buses.

I wonder if he understands English well and could understand what the driver that warned him was saying?

W

Partain said Global has lost its business charter twice within the past 16 months for failing to pay state franchise taxes and does not pay its drivers very much. The company also filed for bankruptcy in February.

This, of course, is the dirty little secret of every knowing employer of illegals.

If they make a business decision to save money by using illegal labor, what other areas of their operation are they willing to cut costs on.

Just about all of them would be my guess.

Originally Posted by ALIPAC

I wonder if he understands English well and could understand what the driver that warned him was saying?

W

In the last articles about the bus, it was stated he was written up for not speaking English.

http://www.alipac.us/ftopicp-51581-bus.html#51581


On Feb. 12, Gutierrez, was cited for being a non-English speaking driver and not having a fire extinguisher on board. And on March 1, he was cited for keeping incomplete logs. Violations also include worn treads on a front tire and operating the bus with improper lighting.

Well I feel that although he should get a sentence too much of the responsibility is being placed on him instead of the company.

Originally Posted by Richard

Well I feel that although he should get a sentence too much of the responsibility is being placed on him instead of the company.

I agree, the companies officers should be getting the same sentence as he is. They hired him.

http://www.newschannel5.tv/2005/10/17/4 ... w-involved

Video: http://www.newschannel5.tv/Video/News/4797


Link to previous discussion: https://www.alipac.us/ftopict-10262-global.html+limo

Mexican Consulate takes bus driver's case
Monday, October 17, 2005 Updated: 08:36 AM


MCALLEN - The Mexican Consulate is now involved in the case of an illegal immigrant charged in the deaths of 23 seniors fleeing Hurricane Rita.

PHARR -- The driver who was behind the wheel when a bus caught fire, killing 23 elderly hurricane evacuees, now faces criminal charges.

Thirty-seven-year-old Juan Robles Gutierrez was charged Monday with criminally negligent homicide for his role in the incident.

NEWSCHANNEL 5 learned the Mexican Consulate's office is now involved in the case.

"We didn't believe the investigation of the sheriff could determine that one sole person is responsible for the circumstances that were around this accident," said spokesperson Sandra Mendoza.

But the Dallas County Sheriff's office has not been able to confirm reports that Gutierrez took any action to rescue passengers on the bus when it caught fire.

"Initially we were told Mr. Robles may have helped several persons off the bus before it was fully engulfed, but after numerous one-on-one interviews, we have been unable to confirm any of the facts," said Sheriff Lupe Valdez.

Instead, the sheriff's office believes Gutierrez somehow contributed to the deadly incident.

Some believe it is too much to content that Gutierrez was at fault, given the reports that the bus was alreay in bad shape.

"I believe that it's excessive because I imagine the bus wasn't in good condition," said Mario Chavez.

"He was just the driver, the company, the owner of the bus should be facing the 23 charges," said Ruben Cuevas.

Hidalgo County District Attorney Rene Guerra thinks it will be tough to prove the charges against Gutierrez.

"When you charge those offenses you have to show that the person should have known the risk and whatever he did was unjustifiable," Guerra explained.

Dallas County Sheriff's investigators now hope to prove Gutierrez did know the bus was deadly and dangerous.

Sheriff Valdez said more people could face charges.

http://www.newschannel5.tv/2005/10/18/4 ... uncovered-


Video: http://www.newschannel5.tv/Video/News/4813

Global complaints uncovered
Tuesday, October 18, 2005 Updated: 10:07 PM


PHARR - NEWSCHANNEL 5 uncovers a string of complaints, dating back over ten years, against a bus company involved in the tragic death of 23 seniors fleeing Hurricane Rita.

PHARR - NEWSCHANNEL 5 uncovers a string of complaints, dating back over ten years, against a bus company involved in the tragic death of 23 seniors fleeing Hurricane Rita.

Pharr-based Global Limo, Inc., is the subject of numerous complaints with the Better Business Bureau since 1991.

“These are people who've gone on tours with the company,� said Doris Salinas with the bureau, showing a stack of complaints. “They've not been happy with the type of service they've received.�

The company averaged just over 4 complaints per year during the 1990’s. Then for four years, did not register a complaint until December 2004, when Evelyn Flores complained about a trip to Dallas for a Cowboys game, when one of their charter buses broke down.

“All of us were just on the side of the road waiting for another bus to come pick us up,� Flores said.

According to Flores, the company owner ignored letters about her complaint sent by the Better Business Bureau.

“They have an unsatisfactory record with the Better Business Bureau, due to that unanswered complaint,� Salinas said.

The owner of Global Limo, Jim Maples, would not speak to NEWSCHANNEL 5 - citing the advice of his lawyers.




www.dallasnews.com



Bus driver a witness in grand jury inquiry
Panel's investigation of 23 burning deaths has produced an indictment


10:21 AM CDT on Wednesday, October 19, 2005


By STEVE McGONIGLE / The Dallas Morning News


The driver of a charter bus in which 23 elderly nursing home patients burned to death near Dallas is a material witness in a federal grand jury investigation that has already produced one sealed indictment, sources said Tuesday.

Juan Robles Gutierrez, 37, is in the custody of the U.S. Marshals Service in San Antonio but is being sought by the U.S. attorney's office in Houston, said George Shaffer, a San Antonio criminal defense attorney hired to represent him.


Juan Robles Gutierrez Mr. Shaffer confirmed there is an ongoing federal grand jury investigation in Houston but said he could not discuss the nature or targets of the inquiry.

"We're talking about grand jury secrecy in part, and we're talking about a different type of motion that has been filed under seal and is to remain under seal until the court orders its disclosure," Mr. Shaffer said.

John Butler, chief deputy of the Marshals Service in San Antonio, said he was told he could not discuss Mr. Robles' case because "everything is sealed."

"It's a sealed indictment," he said. "And there's multi jurisdictions, three separate federal districts involved, and so we are not at liberty to discuss anything."

The U.S. attorney's office in Houston declined to comment. The chief deputy of the Marshals Service in Houston said she was unfamiliar with Mr. Robles' case.

The disclosure of Mr. Robles' role in a federal criminal inquiry comes a day after the Dallas County Sheriff's Department announced it had referred charges of criminally negligent homicide against Mr. Robles to the district attorney.

Also Online

En español: Familia de chofer sufre a distancia
The state felony charges stem from an investigation by the sheriff's office that concluded that Mr. Robles repeatedly ignored his responsibilities to ensure that the bus he drove from Houston to Dallas on Sept. 22 and 23 was safe to operate.


38 residents aboard

The bus was carrying 38 residents of Brighton Gardens to other nursing facilities in the Dallas area in advance of Hurricane Rita. The victims, many of whom were in wheelchairs and used oxygen, died on board after a series of explosions.

Each of the charges against Mr. Robles carries a maximum penalty of two years in prison. A county grand jury is expected to review them in the next few weeks.

Mr. Shaffer, who said he spoke with Mr. Robles for the first time on Tuesday, said he was assured by his client that the criminal charges are unwarranted.

"I don't see that he did anything criminal. I don't see that he did anything other than what any one of us would have done under the same or similar circumstances," the attorney said.

Mr. Robles has told members of his family that he helped rescue people from the doomed bus, which caught fire and burned on Interstate 45 near Wilmer. His account was confirmed to The Dallas Morning News by one elderly passenger.

Mr. Robles' family, which owns a bus company and lives near Monterrey, Mexico, complained that he was being treated unfairly.

"He said he got off the bus and tried to put out the burning tire, but he couldn't do anything ... the fire was too spread out," his brother Carlos Robles said Tuesday. "He said he carried three persons in his arms and got them off the bus."

After the accident, family members urged Mr. Robles to return to Mexico, but, "He wanted to face the consequences, help in some way and clear up his responsibility," said his brother Rodolfo Robles.

Mr. Shaffer suggested that because of the high-profile nature of the case and the high loss of life, Dallas County law enforcement authorities had made Mr. Robles "a sacrificial lamb to appease public conscience."

Sgt. Don Peritz, a spokesman for the Sheriff's Department, sharply disputed that characterization, insisting that the investigation was broader than Mr. Robles.

"He certainly doesn't bear 100 percent of the weight of this, and we don't intend for him to do so," Sgt. Peritz said. "There are other parties that are responsible for maintenance and upkeep and hiring him."

Sgt. Peritz said he was unaware of any federal investigation until he read news reports that Mr. Robles, a Mexican national, had gone from being held on immigration charges to being handled as a material witness.

Although details of the federal investigation remain unclear, the authorities running the probe are located in the same federal district where Mr. Robles worked as a contract driver for Global Limo Inc. of Pharr.

Mr. Robles' family said he had been a bus driver in Mexico for many years before going to work for Global in February because he could earn more money. The Robleses had been living until recently in a small trailer behind Global's office.

His family said Mr. Robles had had no accidents as a driver.

Federal regulators ordered Global to cease operations on Oct. 7 after finding 168 violations that convinced them that the company posed an imminent danger to the public.

James Maples, the bus company's owner, could not be reached for comment Tuesday. His attorney, Mark Cooper, did not respond to a request for comment.

Mr. Shaffer said he spoke with an assistant U.S. attorney in Houston who is involved in the federal investigation. He said he was unaware of any indictment.

The attorney said he had asked the Marshals Service to delay a scheduled transfer of Mr. Robles to Houston today. "I do know that whatever was going to happen tomorrow is not going to happen," he said Tuesday.

In an earlier conversation, Mr. Shaffer said that converting someone who is accused of immigration violations into a material witness is often a means the government employs to ensure that a detainee is not deported before he can testify.


35-day holding limit

By local federal rules in San Antonio, he said, material witnesses cannot be held for more than 35 days before they give a deposition.

Mr. Shaffer said his client appeared to be in good spirits during his visit.

"But I'm sure that at the same time it's confusing not knowing our system, not knowing our language, not knowing what his basic rights may be or may not be, how a trial goes in our system. It's got to be a frightening prospect," he said.

While not predicting the course his client's case might take, Mr. Shaffer said Mr. Robles had been cooperating with law enforcement. Mr. Robles had given at least one statement to authorities while in federal detention, Mr. Shaffer said.

He said he did not know whether anyone else linked to Global Limo was being sought by federal authorities as a material witness.