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Posted on Thu, Nov. 17, 2005

Bus driver released, will assist in investigation

CHRIS DUNCAN

Associated Press


HOUSTON - The driver of a bus that caught fire and killed 23 nursing home residents fleeing Hurricane Rita was released on his own recognizance Thursday.

"I am very emotional, very emotional," Juan Robles Gutierrez said, his voice wavering as he spoke briefly outside the federal detention center where he had been held after he was taken into custody on an immigration violation five days after the Sept. 23 fire.

On Monday, a Dallas County grand jury declined to indict Robles on criminal negligent homicide charges related to the fire. Federal prosecutors then released him on Thursday after determining he was not a flight risk or a threat to society, said Carlos Garcia, a representative of the Mexican Consulate in Houston.

Garcia said Robles will remain in the Houston area and continue assisting investigators looking into the accident. Robles would not answer questions related to the fire or the ongoing probe, citing the advice of his attorney.

Although he was freed, Robles still faces a federal charge of entering the United States without inspection, said Nina Pruneda, a spokeswoman for Immigration and Customs Enforcement in San Antonio.

"He still faces a court date, he still will have to face a judge and present his case," Pruneda said. "But we have confidence that Mr. Robles will adhere to all of that."

Garcia said Robles was staying with family members at an undisclosed location near the Bush International Airport.

"He is very happy," Garcia said. "He is very thankful for the help he has received from his family and how well he has been treated by authorities."

Robes was driving a bus north on Interstate 45 when the fire broke out around a rear wheel. The bus carried residents of the Brighton Gardens nursing home in Houston, who were fleeing the approaching hurricane. The fire ignited oxygen tanks used by the residents. Nineteen people survived.

The company that owned the bus, Pharr-based Global Limo Inc., was shut down by federal regulators last month as a hazard to the public.