Thread: The saga continues.

Suspect in bus crash walks off

By GAVIN LESNICK
Courier & Press staff writer 464-7449 or lesnickg@courierpress.com
Originally published 12:00 a.m., November 29, 2006
Updated 11:24 p.m., November 28, 2006

More than a month after an alleged drunken driver plowed into a school bus carrying Culver Elementary School students, the suspect still has not been apprehended.

Evansville Police Chief Brad Hill expressed regret at a series of events that led to the driver, Gabino Gonzalez, 25, walking away from the hospital without being arrested, but defended his officers' handling of the case.

Hill also dismissed recent criticism from some who have suggested that officers would have arrested Gonzalez if the accident had not happened in a Center City neighborhood with

mostly minority victims.

The accident occurred Oct. 24 when Gonzalez, driving south on Shadywood Avenue, slammed into the bus, which was eastbound on Sweetser Avenue.

The force of the impact toppled the bus onto its side, though all of its occupants - 13 students and the driver - escaped serious injury.

Police think Gonzalez, who suffered injuries in the accident, disregarded a yield sign before hitting the bus. He also reportedly had been drinking, and tested a blood alcohol level nearly four times the legal limit, according to the police report.

Gonzalez was taken to the hospital, but was not kept under police supervision and left without being arrested.

Hill recently discussed the case with the Rev. Gerald Arnold, president of the local chapter of the National Association for the Advancement of Colored People.

Arnold said he and Hill share disappointment that Gonzalez was not apprehended. But Arnold said he believes the Police Department did err in letting Gonzalez go free. He also said he does not think race had anything to do with it.

"I do know there are instances where race is a big factor," Arnold said. "But in this particular situation, I can't really say that race was a factor more so than the law just didn't do what it was supposed to do. This man was drunk. He should never have been let go."

The Rev. William Garrett, a member of Evansville Ministers & Deacons Alliance of Evansville, said that group has discussed the issue and he believes the black community should be outraged.

Garrett said he believes the Police Department typically does a good job in Evansville, but in this case it failed.

"Let's look at the facts," Garrett said. "It's in an inner city neighborhood, it's in the projects. And most, if not all, of the kids are African-American. And nothing was done. It's just unacceptable. Those kids could have been killed or maimed for life. And now we can't even find the guy who did this."

Hill disagreed and said officers did an excellent job in responding, attending to the children, calming them and dealing with the crime scene.

"The race of the kids on the bus had nothing to do with it whatsoever," Hill said. "Kids are kids, and these officers were treating these kids like kids ... The only thing that wasn't done is this guy was not arrested that night. But he will be arrested at some point, I hope."

That he was not arrested was because of a series of unusual challenges the case posed, Hill said.

Because the only person to suffer a major injury in the accident was Gonzalez, Hill said it initially appeared he would only face misdemeanor charges, even when officers weighed the severity of the crime against the Indiana Code.

And in cases where a suspect must be admitted to the hospital, especially if there is no felony charge, Hill said it is common for officers not to stand guard with the suspect. If they did, Hill said, that would not only require taking an officer away from their normal patrol, but it also would make any hospital bills the responsibility of local government.

It was not until after Gonzalez had been released from the hospital that the prosecutor's office charged him with a felony for criminal mischief stemming from damage he caused to the school bus itself.

Hill said his biggest regret was not communicating better with the hospital to ensure officers were at least aware as Gonzalez was being discharged.

"I would have liked it if we could have gone ahead and placed him in custody when he was released from the hospital," Hill said. "It's unfortunate that that didn't occur."

St. Mary's Medical Center, where Gonzalez was treated, has a written policy on releasing information on patients to law enforcement agencies. In general, spokesman Jeff Jones said, St. Mary's will work with police to provide condition and other basic information. But, he said it will alert police only when a patient is discharged if it is compelled to do so in a subpoena or court order.

In the days after Gonzalez's release, officers kept watch at several locations he was known to frequent, but they could not find him.

Because he is charged with a felony, Hill said, if Gonzalez is stopped for any offense elsewhere, he immediately will be arrested and returned to Evansville. But, he said there is consideration that Gonzalez may be an illegal immigrant, which raises the likelihood that he could already have left the country.

And Hill admitted that if Gonzalez did that, it would make an arrest a lot more difficult.

"If he leaves the country, it's unlikely that we're going to find him," Hill said. "I don't know that that's occurred, but that's obviously a possibility. But ultimately, it's not going to go away. The charges will stay out there."

All in all, Hill said everyone should be thankful no one on the bus was seriously hurt.

"The greatest thing about this story is that no one was seriously injured on that bus," he said. "That's a wonderful thing."

Here's the whole rotten problem. Racial profiling. If the cops had used the good sense God gave them and were not all hung up on liberal profiling BS, then they would have held the guy.

Time and time again, illegal aliens flea the scene of the accident. Hello, the guy didn't have ID so he is likely an illegal alien. Hold him till hell freezes over. I don't care what color he is!

Dixie

I agree Dixie. They knew he was illegal and they knew he would flee. When this acciident happened, a news station smelled b.s. and asked a p.d. spokesman if our "friend" was an illegal and the cop said they had no way to verify his status. The reporter then asked him if they had checked the ICE database and the cop said "I am not aware of an ICE database". A pack of lies!