November 15, 2005

A Proper Decision Not To Indict

IÂ’ve been troubled by the decision of Dallas County prosecutors to seek an indictment against Juan Robles, the driver of that bus that burst into flames during the Hurricane Rita evacuation. As tragic as the deaths on that bus were, to me they did not add up to criminal conduct by the driver.

It seems like a grand jury agrees.

A grand jury declined to indict the driver of the charter bus that burst into flames and killed 23 Bellaire nursing home residents as they fled Hurricane Rita, Dallas County prosecutors said Monday.

The Dallas County Sheriff's Department had referred 23 counts of negligent homicide against Juan Robles Gutierrez, one for each death, to the district attorney, who presented them to the grand jury.

"I was always convinced that a grand jury or jury would vindicate my client of any responsibility in this," said Robles' attorney, George Shaffer. "My client is not a crook. He isn't a criminal. He didn't cause these people to die."

Shaffer said he expected Robles to be released from federal custody in Houston as early as today if federal immigration authorities set bail. He has posted a separate $50,000 bond in connection with his role as a witness in a federal probe into the fatal explosion and fire.

At Robles' home in Monterrey, Mexico, the 37-year-old bus driver's three older brothers said they were happy, but not surprised, that their brother was not charged with wrongdoing.

"It is very good news. We will sleep peacefully tonight," said Carlos Robles, 44, the eldest. "We are very happy, and we always had faith in the United States (legal system) and that things would turn out all right."

IÂ’m hoping that prosecutors go after those who failed to maintain the bus and who let it operate in this unsafe condition. That was not Robles.

Unfortunately, Robles is going to be released from federal detention. You may wonder why I say “unfortunately”.

Robles has been detained for unlawfully entering the United States in January, one month before he went to work for Pharr-based Global Limo.

If Robles is to be released, he ought to be released on the south-side of the US/Mexico border, with clear instructions not to return without legal paperwork.

Posted by: Greg at 02:46 PM | No Comments | Add Comment
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