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Driver made a witness in fire investigation

Action could mean criminal charges are being considered


12:00 AM CDT on Saturday, October 15, 2005


By HOLLY BECKA / The Dallas Morning News


The driver of a bus involved in a fiery tragedy that killed 23 elderly hurricane evacuees is now a material witness in the federal investigation of the incident, officials said Friday.

After the Sept. 23 fire, immigration officials had detained Juan Robles Gutierrez, a 37-year-old from Mexico, on charges that he entered the country illegally.

But on Thursday afternoon, federal marshals took Mr. Robles into custody on a warrant as a criminal material witness, said Nina Pruneda, a spokeswoman for U.S. Immigration and Customs Enforcement.

In general, someone is held as a material witness when the government believes he has information that will be important in a criminal case.

Ms. Pruneda declined to say whether investigators were targeting a person or a company. She also wouldn't specify the criminal charges involved.

A Dallas attorney who has been hired by families of several bus fire victims said the move to make Mr. Robles a witness appears to be significant.

"It would lead you to believe they anticipate criminal charges," said Frank Branson, a well-regarded plaintiff's lawyer who praised investigators' efforts to sort out who is responsible for the fire and why.

Mr. Robles drove for Global Limo Inc. Federal regulators shut down the South Texas company Oct. 7, saying it posed an imminent hazard. Global's attorney did not return a phone call and an e-mail seeking comment Friday.

Ms. Pruneda said that when marshals release Mr. Robles, immigration officials would detain him.

Initially hailed as a hero after rescuing several frail nursing home residents from the burning bus, Mr. Robles has since faced investigators' scrutiny.

He never told investigators about his conversation with a passer-by, who warned him about sparks and a glowing-red rear wheel. He also failed to obtain a Texas driver's license after being in the state more than 30 days with only a commercial Mexican driver's license.