http://www.14wfie.com/global/story.asp? ... =Printable

School Bus Flips, Suspect Free

Oct 29, 2006 11:57 PM EST



25-year-old Gabino Gonzalez, courtesy Vanderburgh County jail.

Reporter: Stephanie Silvey
New Media Producer: Rachel Chambliss

UPDATE, SAT 4:30 PM: Charges have now been filed in the school bus accident that injured a dozen kids and the bus driver.

Gabino Gonzales is wanted on misdemeanor and felony charges involving driving while intoxicated and damage to school property.

When 14 News reported police did not arrest Gonzalez immediately after the crash Tuesday night, viewers began calling and e-mailing us.

Police say Gonzales was legally drunk when his truck hit the school bus. Police were confident they knew where to find Gonzales, but 14 News went to that address Friday and had no luck.

According to their own police report, Gonzalez listed his address as 1925 Texas Ave. Those living there, however, told us otherwise.

So 14 News reporter Stefanie Silvey went next door where a resident said he was now living and talked to a man who claimed to be Gonzalez's cousin. He said Gonzalez no longer lives with him either.

Police told 14 News on Thursday, Gonzalez had a job and was cooperative, even though, the police report says he is unemployed and "refused to provide proper ID."

Brian Talsma, EPD, defends, "In what he did, everything appeared to be in order. Nothing was an obvious indication that as soon as this gentleman was free, he's going to leave the country."

According to Immigration and Customs Enforcement, there is a database set up specifically to help assist police.

Tim Counts, ICE, says, "We have something called the Law Enforcement Support Center that's staffed 24 hours a day, seven days a week by agents who are able to research our databases, various databases to determine whether somebody is in the country legally or not. And those responses are usually turned around in a one hour period."

But when 14 News asked Talsma if he is aware of the 24 hour a day database that can accessed and find out in an hour whether that person is legal or not, he said he was unfamiliar with it.

"I'm not familiar with that information. No, I am not," says Talsma.

Public Information Officer Brian Talsma says whether Gabino Gonzalez is an illegal immigrant or not should have no bearing on their criminal investigation.

He states, "I think attention has been drawn to him because he is a Hispanic. I think that if this would have been any Tom or Joe, I don't think it would have not drawn as much attention. Although, it is an emotional situation in which these children are injured, the law does not recognize emotion of the incident. A traffic accident involving injury is the same if it involves children or you or I."

Gonzalez was arrested in June for public intoxication and disorderly conduct. At that time, he showed his resident alien card and went to court.

Now, there is a $100,000 cash bond attached to the warrants for his arrest.

Reporter: Stephanie Silvey

New Media Producer: Rachel Beavin

UPDATE, Friday, 6:00 PM: 14 News just learned from the Vanderburgh County Prosecutor's Office that warrants are now being issued for Gabino Gonzalez.

Gonzalez faces three misdemeanor charges relating to driving while intoxicated, but the Vanderburgh County prosecutor is also charging Gonzalez with a felony criminal mischief charge for recklessly causing more than $2500 in damage to school property.

Police told 14 News on Thursday that there is no immediate concern Gonzalez will flee because they have a place of employment and address for him.

According to the police report, Gonzalez listed his address as 1925 Texas Avenue.

Those living there however told us otherwise.

The residents said that Gonzales no longer lived there and may have moved next door.

14 News went next door and talked to a man who claimed to be Gonzalez's cousin. He said Gonzalez's no longer lives with him either.

The police report also says Gonzalez's is unemployed and down in the comments portion it clearly says "refused to provide proper id."

According to Immigration and Customs Enforcement there is a database set up for police officers across the country to check illegal immigrant status.

But public information officer, Brian Talsma says whether Gabino Gonzalez's is an illegal immigrant or not, should have no bearing on their criminal investigation. He says people have every right to be outraged over a drunk driver being on the streets, but that drunk driver's nationality should have no bearing.

It is worth noting that Gabino Gonzalez's was arrested for public intoxication and disorderly conduct in June after police were called to a fight at his home.

Gonzalez was arrested and did cooperate at jail by submitting to fingerprints and providing his resident alien card. He paid his bail, and did appear in court to face his charges.

There is a $100,000 cash bond attached to the warrants currently out for Mr. Gonzalez.

14 News would like to know what you think about this case.

Let your voice be heard on the 14 News feedback forum.

Reporter: Jonathan Hardison

New Media Producer: Kerry Corum

Previously: Questions arise regarding the driver that hit an Evansville school bus this week...questions about why he has not been arrested.

The crash injured 13 students and the bus driver.

Police tell 14 News, 25-year-old Gabino Gonzalez faces a long list of charges, including drunk driving and driving without a license; but it may be days or even weeks before he's formally charged and arrested.

The scene of the crash was a parent's worst nightmare, with more than a dozen students and school bus driver taken to the hospital, and the bus itself - lying on its side.

Police say the other driver, Gabino Gonzalez, was most seriously injured in the crash, and spent one night in the hospital.

But, because of that overnight hospital stay, Gonzales won't be arrested until formal charges are cleared through the Vanderburgh County Prosecutor's office.

EPD Sergeant Jeff Wilson says this decision is made on a case-by-case basis. "Depending on the charges, yeah. If it's a more serious offense, then yeah, we'll post an officer there. He'll be under arrest. For something not as serious, we'll file the paperwork with the prosecutor's office and have a warrant issued later on."

Officers tell us, they would've liked to arrest Gonzalez upon his hospital release, but there simply weren't enough resources. "It's just a matter of manpower and being able to put somebody out there to watch. We just don't have that manpower," adds Wilson.

Gonzalez will remain free for weeks or possibly months, until formal charges are filed and the arrest warrant is issued. But, according to Evansville police, Gonzalez would be free on bond by now, even if he were arrested the night of the accident.

Gonzalez's blood-alcohol level was almost four-times the legal limit; he had no insurance and never received a valid driver's license.

But, despite the long list of aggravating factors, police believe Gonzalez will only face misdemeanor charges in the end, because the victims' injuries do not meet the legal threshold of a felony offense.

Sgt. Wilson says their hands are tied. "We were upset. We tried to get the most serious charges we could against him, and the law doesn't allow us to make it more. It'll be a misdemeanor case anyway."

Police are confident they will be able to find Gonzalez; he has a local job and home address.

Reporter: Jonathan Hardison

New Media Producer: Rachel Beavin

UPDATE, THURSDAY, 7:00 PM:The driver facing charges in a school bus accident that hurt 13 kids is still free tonight, despite having a blood-alcohol limit almost 3 times the legal limit at the time of the crash.

Gabino Gonzalez hasn't yet been formally charged in connection with the accident.

Gonzalez will face charges of drunk driving, reckless driving, driving without insurance, and driving without ever having received a license.

He would have already been arrested and charged, but he was the most seriously injured of anyone in Tuesday's accident, and was hospitalized overnight Tuesday.

Police say this is standard procedure because there simply isn't enough manpower to station an officer at the hospital with every suspect.

Now they'll allow prosecutors to file charges, set a court date, and then serve a warrant.

Sgt. Jeff Wilson of the EPD says he may run but they will do their best to find him: "It's a possibility. I don't know him personally, so I don't know if he'll flee or not. I know he's got a job in town, he's got a local address. He's in our computer system as being arrested before in Evansville, so I don't think he's gonna flee the Evansville area. We may have a difficult time finding his local address, but I'm sure he'll be picked up sooner or later."

Gonzales is free until his next court date.

Despite all of the injuries caused, Gonzales may only be facing misdemeanor charges.

New Media Producer: Kerry Corum

UPDATE, WED, 2:20 PM: Officials release a photo of the pickup driver who hit a school bus Tuesday evening, sending several students to the hospital.

According to police, 25-year-old Gabino Gonzalez sped through a yield sign, before slamming into a school bus around 6:00 PM Tuesday.

The bus was taking Culver Elementary students home from an after school program. Two witnesses rushed to the bus, helping all 13 students and the driver out of the wreckage.

Police say the students sustained minor injuries; five were taken to the hospital.

Gonzalez faces a long list of charges, including felony drunk driving, reckless driving, driving without insurance, driving without ever having received a license and failure to yield.

UPDATE, WED, 6:00 AM: Five Evansville students are recovering Wednesday morning, after a frightening accident on Evansville's southeast side.

It happened about 6:00 Tuesday night, at the corner of Sweetser and Shadewood.

Police say a pickup truck driver sped through a yield sign, then slammed into a school bus taking Culver Elementary students home from an after school program.

Two witnesses rushed to the bus and helped all 13 students and the driver get out of the wreckage.


EVSC Superintendent Dr. Bob Yeager says, "We had bus transportation here. We had our safety security officer here, the deputy superintendent. I came out, so everyone, as well as the principal of the school and the staff of the school, were here to make sure the kids were taken care of and that was our first priority."

Five of the children were taken to Deaconess Hospital with only minor injuries.

The pickup driver, 25-year-old Gabino Gonzalez faces a long list of charges. Police are charging him with felony drunk driving, reckless driving, driving without insurance, driving without ever having received a license and failure to yield.

Reporter: Jonathan Hardison
New Media Producer: Rachel Chambliss

UPDATE, TUE 9:40 PM: The latest word 14 News has from Deaconess is that all five children taken there for treatment will be treated and released.

The pickup driver, 25-year-old Gabino Gonzalez, faces a long list of charges. Police will charge him with felony drunk driving, reckless driving, driving without insurance, driving without ever having received a license and failure to yield.

UPDATE, TUE 8:30 PM: A chaotic and frightening scene Tuesday evening: An overturned school bus and parents rushing to see if their children are okay.

It happened around 6 p.m. at the corner of Sweetser and Shadewood on Evansville's southeast side.

A pickup truck slammed into the bus injuring several students headed home from an afterschool program. Police and EVSC officials are breathing a collective sigh of relief Tuesday night. They say this could've been a lot worse.

Just before 6 Tuesday night, police say a pickup truck, driving down Shadewood Avenue, sped through a yield sign and slammed into the bus carrying Culver Elementary students home from an after school program.

"And struck it with a speed that caused the bus to spin around and flip over. Initial indications - based on witnesses and damage to the truck - yeah, they were going too fast," describes Lieutenant Stephanie Lohrlein.

Two witnesses, who watched the crash unfold, rushed onto the bus and helped all 13 students and the driver get out of the wreckage.

Dr. Bob Yeager, EVSC interim superintendent, says, "As soon as I was notified and prior to that, there were several phone calls made. We had bus transportation here; we had our safety security officer here, the deputy superintendent. I came out, so everyone, as well as the principal of the school and the staff of the school, were here to make sure the kids were taken care of."

Yeager rushed to the scene, along with worried parents, and was relieved to find most of the kids suffered only minor bumps and bruises.

"It's unfortunate that accidents do happen, but they happen. And I'm proud of the way our staff handled it as well as the kids. These kids are pretty brave to be able to go through an accident, and they were still concerned about their book bags," says Yeager.

Lohrlein expresses, "We were just glad that they weren't hurt any worse than they were, but they've all been extremely helpful, very willing to tell us what happened, and very well-behaved children."

Five students were transported to Deaconess Hospital for treatment where parents and even Dr. Yeager waited anxiously.

The latest word 14 News has from Deaconess is that none of the children's injuries are considered to be major or life-threatening.

Police say they are conducting a blood test on the truck's driver because they suspect alcohol may have played a factor in the crash. Those test results will help determine whether any charges are filed against the truck's driver.

Reporter: Stefanie Silvey
New Media Producer: Rachel Chambliss

UPDATE, TUE 7:45 PM: 14 News has more information on the school bus that flipped on its side Tuesday night.

Thirteen students were on the school bus when it collided with a truck. Students were pulled from the backdoor of the bus. Parents were notified to pick their children up at the scene or Deaconess Hospital or St. Mary's Medical Center.

Police say a truck, with two men inside, failed to yield at the intersection of Shadewood and Sweetser.

The driver and passenger were taken to the hospital where doctors are currently testing their blood for alcohol. Police say the men, who are Latino, were unable to communicate their identities or whether they had a valid driver's license.

We'll have more right here and on 14 News @ 10.

PREVIOUSLY: 14 News is on the scene of a school bus accident that happened around 6 p.m. Tuesday on Shadewood and Sweetser in Vanderburgh County.

EVSC school bus number 42 is now flipped on its side. It was transporting children after an after school program at Culver Elementary school.

Children are currently being treated and matched up with their parents. No one was seriously injured.

14 News will continue to follow this story.







All content © Copyright 2000 - 2006 WorldNow and WFIE, a Raycom Media Station.
All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.