Aug 6, 2008 11:38 pm US/Central
Verdict: Woman Found Guilty In Fatal Bus Crash
WILLMAR, Minn. (AP) ―
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The jury in Kandiyohi County District Court convicted Olga Marina Franco Del Cid, 24, of all 24 counts against her, including four counts of criminal vehicular homicide in the Feb. 19 crash, which killed four schoolchildren and injured 14 others. (File)
CBS
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Olga Franco's lawyer said Franco's boyfriend, identified as Francisco Sangabriel-Mendoza, was the driver at the minivan when it crashed into the back of the school bus.
Star Tribune
A jury returned a guilty verdict late Wednesday against a woman accused of driving the minivan that caused a fatal school bus crash near Cottonwood.
The jury in Kandiyohi County District Court convicted Olga Marina Franco Del Cid, 24, of all 24 counts against her, including four counts of criminal vehicular homicide in the Feb. 19 crash, which killed four schoolchildren and injured 14 others.
The jury began its deliberations around 2:15 p.m. Wednesday and the verdict was read about eight hours later. The case had been moved from Lyon County in the southwestern part of the state because of pretrial publicity.
Franco showed no emotion as the verdict was read. Defense attorney Neal Eisenbraun said later that he was "shocked" by the verdict and had believed jurors would find reasonable doubt in the state's case. Defense attorney Manuel Guerrero said he didn't know whether the defense would appeal the verdict.
The crash killed four Lakeview School students: Jesse Javens, 13; his brother, Hunter Javens, 9; Emilee Olson, 9; and Reed Stevens, 12.
Several of the victim's family members wiped away tears as the verdict was read.
"It's what we were waiting for, I guess," said David Javens, the grandfather of Jesse and Hunter. But "you can't help but look at another young life that's ruined, and that's hers."
The boys' mother, Rita Javens, said, "I knew she was guilty. I knew it."
Franco, an immigrant from Guatemala, denied that she was the driver of the van. She testified that her boyfriend, Francisco S. Mendoza, was actually driving and fled the scene. Defense attorneys claimed he was believed to now be in his native Mexico.
Eisenbraun told jurors Wednesday that the state had not proven it's case because it let Mendoza get away. He also said Mendoza' flight could be used as evidence in the case.
"He knew he was driving and that he would get in trouble for it," Eisenbraun said. "They (the state) are desperate to convict someone in this tragedy. The woman they have had locked up for the past half-year will do just fine."
During his final argument, Lyon County Attorney Rick Maes pointed to the testimony of firefighters and engineers who said they found Franco pinned in the driver's seat.
"She had to be extricated from the vehicle," Maes said. "The fact that she had to be extricated is the telling tale."
District Judge David Peterson will sentence Franco in 30 to 45 days.
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Cottonwood is located west of the Twin Cities.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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