Minivan driver in fatal school bus crash testifies in his defense
May 1—The minivan driver who crossed the center line of state Route 41, striking a Northwestern school bus, killing one student and injuring dozens more last summer, testified Wednesday morning he did not have an Ohio driver's license and the sun in his eyes caused the crash.
The crash happened about 8:15 a.m. Aug. 22 in the 4100 block of Troy Road (Route 41) at Lawrenceville. Hermanio Joseph, 36, was driving a 2010 Honda Odyssey eastbound when his minivan went left of the center line into the path of the school bus with 52 elementary school students and a driver aboard.
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Joseph, an immigrant from Haiti, faces first-degree felony involuntary manslaughter and fourth-degree felony vehicular homicide charges.
Joseph's attorney, Cathy Weithman, said during opening statements the sun was in her client's eyes at the time of the crash.
Weithman emphasized to jurors the main element of the case is whether Joseph's license was valid: an invalid license elevates his vehicular homicide charge to a felony, which gives way to the involuntary manslaughter charge, which he can be charged with if he caused a death while committing a felony.
Joseph testified through an interpreter he has a Mexican driver's license and Ohio ID card, but no Ohio driver's license.
Sydney King, Ohio Bureau of Motor Vehicles policy advisor, testified Tuesday that Joseph did not have an Ohio driver's license, but he did have a state identification card. She said an Ohio ID requires a person to establish residency in the state.
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Joseph obtained his state ID at the end of March 2023, King said. She said Joseph provided an I-94 when he applied for his ID, which established his immigration status in the U.S. as legal.
Joseph's lawyer Terry Hart questioned King's qualifications and expertise. Hart also asked Clark County Common Pleas Court Judge Douglas Rastatter to dismiss the case, arguing the state had not proven beyond a reasonable doubt that Joseph did not have a valid license. Rastatter disagreed and overruled the motion.
Joseph testified he has temporary protected status and did not get an Ohio driver's license because he did not have the necessary documents. He did not specify which documents these are. He said he has also applied for asylum.
The man said he was born in Haiti and has a spouse and four children. He said he left Haiti in 2014, traveling to Brazil, then Chile, then to Mexico in 2022, where he obtained a Mexican driver's license. Joseph said he arrived in Texas and flew to Ohio and settled in Springfield, where he has resided for one year and five days.
The 2010 Honda Odyssey is registered to Joseph and is insured, he testified. He said that day, he was driving east and saw the school bus, but when he hit a curve on the road, he was blinded by the sun despite the car's sun visor being down.
Joseph testified that he attempted to apply the brakes prior to the crash. He said through an interpreter he did not have the chance to "make the right decision" and avoid the crash.
The prosecution and Joseph's defense attorneys presented closing arguments Wednesday, and jurors were to begin deliberations in the afternoon.
