CLARK COUNTY, OHIO: Hermanio Joseph, 35, has been charged with aggravated vehicular homicide in connection with a tragic crash with school bus that resulted in the death of an elementary schooler.
Documents filed on Wednesday, August 23 with the Clark County Municipal Clerk of Courts revealed he the criminal charge against him.
According to the Columbus Dispatch, Joseph's charge is considered a fourth-degree felony based on court records.
Under Ohio law, vehicular homicide becomes a fourth-degree felony, rather than a misdemeanor charge, if the driver does not have a valid license or is driving with a suspended license.
Hermanio Joseph was driving without a license
According to court documents, Joseph presented a state identification card, which is not a driver's license, as well as a driver's license from Mexico om being questioned.
The Mexican license was "determined to be not valid due to his immigration status."
According to information from universities accommodating international students and the Ohio Bureau of Motor Vehicles, individuals who are permanent residents or have applied for asylum status can receive driver's licenses, but they must successfully pass the same driving tests as citizens do.
The Ohio ID cards are exclusively issued to those who can prove their legal residency, per the BMV's website.
As of Wednesday afternoon, the official crash report from the Highway Patrol regarding Joseph's driving status at the time of the accident had not yet been released.
Child dies in crash, 25 hospitalized
The crash occurred around 8.15 am on Tuesday, August 22, when Joseph was operating a 2010 Honda Odyssey on State Route 41 near Lawrenceville Road outside Springfield.
The Odyssey crossed the centerline and collided with a Northwestern Local Schools bus carrying over 50 elementary school students on their way to their first day of school.
The bus driver attempted to avoid the collision by driving onto the shoulder, but the two vehicles still crashed.
The impact caused the bus to roll onto its top, resulting in the ejection of at least one student. Bystanders stepped in to help flip the bus onto its side to evacuate the students.
One student died and more than 25 others were hospitalized due to injuries.
Joseph and his 37-year-old co-passenger were taken to Springfield Regional Medical Center to be treated for minor injuries.
Joseph is not yet documented in the Clark County jail, according to jail records. Additional charges may arise as the case is reviewed by a grand jury in Clark County.
Five-year-old survivor shares terrifying account of school bus crash
Rigel Fisher, a five-year-old who was on the bus at the time of the crash told ABC 6 that "it was pretty scary.
He said, "When it tipped, it flipped over but then went back to the side. The tire popped and a van hit it." His brother was injured but not severely.
"I got a really big bump on the head since I launched and when I turn my neck and look up it hurts. But since today, it feels much better," he said
Fisher's mother, Brittany, expressed her immense worry upon seeing the emergency vehicles on the scene and was relieved on finding her son.
She said, "I truly thought that my kids were dead. A parent's worst nightmare."
"Somebody had come to me and told me that he was in an ambulance being taken to Dayton Children’s, and so I went straight to Dayton Children’s," she added.
Brittany questioned the absence of seatbelts on school buses in the state. She said, "In a situation like this, seatbelts would have lessened the damage and possibly prevented extreme tragedies."
She added, "[Gov Mike] DeWine and people in places of power have an opportunity to make a change and make a difference. I think that they would care a little more of it was their children or grandchildren on a bus."
Brittany said she would not allow her sons on the bus anymore.
She said, "I don’t want to put my child through that trauma. I wouldn’t want to do that to them, so I will be dropping them off and picking them up from now on."
after the incident, Northwestern Local Schools canceled classes and athletic events on Wednesday.
They provided grief counseling and mental health services for students, faculty and staff. There are a number of community prayer vigils scheduled as well.
Although the identity of the student killed has not been released, an online fundraiser for the child's family have already amassed more than $43,000 in donations as of Wednesday afternoon.
