ATHENS, Texas — The charges against an Athens ISD bus driver involved in a 2019 wreck that killed one child and injured another were dismissed earlier this month.
John Franklin Stevens, of Mabank, who was driving a school bus when it was struck by a train in January 2019, was charged with criminally negligent homicide and injury to a child. That wreck caused the death of Christopher Bonilla, 13, a seventh-grader at Athens Middle School, and injuries to Joselyne Torres, 9, a student at Central Athens Elementary.
On Nov. 21, court records show the presiding judge over the case approved dismissing Stevens' charges. Assistant Attorney General James Haugh requested the charges be dismissed after a new grand jury issued a no-bill.
The dismissal was the result of the new grand jury getting new evidence and evidence not previously presented to the original grand jury. Once that information was reviewed, the grand jury returned a no-bill as to all charges.
Members of the Texas Attorney General's Office were serving as the prosecutors in Stevens' case after the Henderson County District Attorney's Office recused itself.
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.
The statement went on to say the crossing where the wreck between the bus and train 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.
"We call on Union Pacific and other responsible authorities to immediately take measures to ensure that a fifth accident does not occur at this crossing," the defense team's statement read. "We very much appreciate the overwhelming support of the community throughout the entire course of this legal proceeding. Most of all, we sincerely hope that everyone involved can begin to find peace and closure."
In September of this year, the Athens City Council took steps to improve safety at the railroad crossing where a 2019 bus crash happened.
According to a statement from the city of Athens, the council voted in favor of Mayor Aaron Smith submitting a letter rejecting Union Pacific Railroad's proposal to close Cream Level Road.
City of Athens Public Information Officer Michael Hannigan said in a statement there have been ongoing efforts with Union Pacific, the city of Athens and the Texas Department of Transportation to make that crossing safer.
By sending the rejection letter, Hannigan said TxDOT can continue with a plan to install safety gates and warning lights at the Cream Level Road railroad crossing.
Hannigan said the city denied closing the intersection because it 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.
TxDOT Tyler District spokesperson Jeff Williford said TxDOT crews will be installing the crossing arms using TxDOT funding, but there is currently no set installation date at this time.