ATHENS, Texas — Editor's Note: The above video aired in Nov. 30, 2023.
Jan. 25, 2024, marks five years since a crash involving an Athens ISD school bus and train killed a 13-year-old student and injured an elementary student.
On this day in 2019, a bus was hit by a train at the railroad crossing on Cream Level Road in Athens. The crash caused the death of Christopher Bonilla, 13, a seventh-grader at Athens Middle School, and injuries to a 9-year-old student.
After the crash, the driver John Franklin Stevens, of Mabank, was charged with criminally negligent homicide and injury to a child.
But last November, after years of ongoing pre-trial processes, the judge over the case approved dismissing Stevens' charges. Assistant Attorney General James Haugh asked that the charges be dismissed after a new grand jury issued a no-bill upon seeing new evidence.
In a response to the dismissal, Stevens' legal team, Brian Schmidt, Justin Weiner, and Mike Head, said they are "grateful the assistant attorney general reviewed all of the evidence that we were able to gather over the course of this case and re-presented this case to the grand jury with those additional facts in mind."
"The indictment of John for this tragic accident only further compounded a tragedy for our community," Stevens' lawyer wrote in the statement.
Their statement added the crossing where the wreck happened is the "most dangerous railroad crossing in Henderson County" and is one of the crossings without arm gates or lights to notify drivers of an approaching train.
In September 2023, the Athens City Council voted in favor of Mayor Aaron Smith submitting a letter rejecting Union Pacific Railroad's proposal to close Cream Level Road. The city said this is a step to improve safety at the crossing.
City of Athens Public Information Officer Michael Hannigan said through rejecting the Union Pacific request, the Texas Department of Transportation can continue efforts to install safety gates and warning lights at the Cream Level Road railroad crossing.
Hannigan said closing the intersection would cause more safety issues for the area, such as creating a long one way road and difficulties for emergency vehicles to turn around when needed.
On Thursday, Hannigan said city officials have seen the plans from TxDOT, who will be overseeing the changes to the crossing.
TxDOT Tyler District spokesperson Jeff Williford said the plans to add a traffic arm have been approved by both the city and TxDOT. Right now, TxDOT is waiting for an estimated cost from the railroad.