ATHENS, Texas — The attorney for John Stevens, the Athens ISD bus driver facing charges for the deadly train vs. bus crash in January, filed two motions in the case Tuesday.
The first motion filed by attorney Brian Schmidt requests a DA, who investigated the crash, be designated as an expert witness.
Schmidt filed a second motion requesting evidence from the train's event data recorder be turned over to the defense.
Stevens, 79, faces two felony charges of criminal negligent homicide and injury to a child.
On Jan. 25, Stevens was driving 13-year-old Christopher Bonilla and 9-year-old Joselyne Torres home from school. At a crossing on Cream Level Road, a westbound Union Pacific freight train struck the bus, pushing it near North Murchison Street.
Bonilla was pronounced dead. Torres was hospitalized after the crash but has since been released.
Stevens received minor injuries and was released at the scene.
According to an investigation by the Federal Railroad Administration, the crew aboard the locomotive reported bus stopped at the crossing. However, the bus then began to move across the tracks and was struck by the train.
The investigation says the train's horn sounded in the moments before the crash. The 54-car train was traveling at 40 mph and weighed approximately 5,000 tons.
The FRA report blamed the crash on driver inattentiveness.
According to Henderson County court records, Stevens was indicted on May 31. He pleased not guilty and was released on $10,000 bond.
His next hearing is set for Sept. 12.