A Bastrop County grand jury on Tuesday indicted a concrete truck driver in connection with a crash involving a Hays CISD bus that left two people dead.
Find Insider Deals for items perfect around the house and on the goJerry Hernandez, 42, was indicted on two counts of manslaughter, a second-degree felony, and two counts of criminal negligent homicide, a state jail felony., Hernandez told DPS troopers he smoked marijuana and used cocaine and only had about three hours sleep before the crash.
The affidavit also states that his employer, FJM Concrete, failed to look up his drug test record and properly vet him when they hired him., which keeps data on commercial driver’s license holders, showed that Hernandez refused a reasonable suspicion test in September 2020, the affidavit states. The test should have warranted that he be referred to a substance abuse professional for evaluation,
“He should have been removed from performing safety-sensitive functions at this point by the company he was driving for at that time,” investigators said. In follow-up tests, Hernandez tested positive for marijuana in 2022 and for cocaine in 2023, resulting in a prohibited license.“... State driver’s licensing agencies are not required to downgrade CDL statuses until 11/18/2024 according to changes in the Federal Register,” the affidavit states.The affidavit states that the company owner, Francisco Martinez, “should have been aware of his status through the Clearinghouse.
The bus didn’t have seatbelts because it was a 2011 model, Tim Savoy, a Hays school district spokesperson, told the newspaper. New buses have been fitted with belts since 2017, he said.Rebecca Salinas is the Digital Executive Producer at KSAT 12 News. A San Antonio native, Rebecca is an award-winning journalist who joined KSAT in 2019.
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