Indiana truck driver charged with homicide in bus crash

By ROBERT IMRIE
The Associated Press
Published January 12, 2006, 10:45 AM CST

EAU CLAIRE, Wis. -- An Indiana semitrailer driver was charged Thursday
with five homicide counts in a crash that killed five and injured 29 on
a bus carrying high school band students home from a weekend
competition.

Michael John Kozlowski, 23, of Schererville, Ind., faces five homicide
by negligent operation of a vehicle charges, 11 counts of reckless
driving causing great bodily injury and nine counts of reckless driving
causing injury.

The maximum penalty on the homicide charges are 10 years in prison and
a $25,000 fine.

The crash occurred Oct. 16 after Kozlowski drove his semi onto the
shoulder of Interstate 94 and lost control when he pulled back onto the
highway.

"Two witnesses to the defendant's driving behavior prior to this
collision provide information consistent with a conclusion that the
defendant's semi left the interstate when he fell asleep that morning,"
the complaint filed by Eau Claire County District Attorney Richard
White said.

The complaint said information from Kozlowski's global positioning
system indicated he traveled to an Indiana tavern Oct. 14 to attend a
going away party for a co-worker. Witnesses said Kozlowski was at the
tavern until closing time early Oct. 15, according to the complaint.

The charter bus, filled with 44 students, teachers and chaperones from
Chippewa Falls High School, plowed into the semi trailer that had
overturned and jackknifed on the highway, blocking both lanes, the
Wisconsin State Patrol said.

The crash happened about 2 a.m. just north of Osseo as the bus returned
from a band competition in Whitewater.

An investigation found possible problems with the brakes on the bus,
according to the National Transportation Safety Board. A lack of skid
marks on the interstate, though, may indicate the bus driver did not
have time to stop.

Killed were band director Douglas Greenhalgh, 48; his wife, Therese,
51; and their granddaughter, Morgan Greenhalgh, 11. Also killed were
driver Paul Rasmus, 78, and student teacher Brandon Atherton, 24,
authorities said.

The crash injured 29 others.

Copyright © 2006, The Associated Press
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Eh... I don't get it. If the situations were reversed the truck driver
would have been charged with "failure to control"... or something.

Seems there's something screwy about the timeline:

"The crash occurred Oct. 16"... "about 2 a.m".

"He traveled to an Indiana tavern Oct. 14"... "was at the tavern until
closing time early Oct. 15".

I don't know what time taverns close in IN but "early" in "bar-time"
would be midnight (to 2 am). That's 24 hours previous... where I come
from anyway. I don't understand the relevance of the tavern
experience.

I think this might be an interesting case to follow.
-----

- gpsman

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