AUSTIN, Texas — UPDATE: The driver of the concrete pumper truck that swerved into the wrong lane and crashed into a Hays CISD school bus carrying a group of pre-K students from Tom Green Elementary on March 22 has been charged with criminal negligent homicide, according to court documents.
Attorney Tray Gober represents one of the students hurt in the crash, and said more charges may come for Hernandez.
"We have a driver who got behind the wheel of a vehicle, in this case a very large vehicle when they shouldn't have and caused very serious injuries to several people, both physically and mentally," said Hernandez.
Gober said while he couldn't disclose many details about his clients, he said everyday will get better for them, but it's a memory etched in the children and families lives that will remain.
"It's going to be an ongoing process for years, if not the lifetime of my clients," said Gober. "There's some families that will never be able to put this behind them."
Ahead of Easter weekends, Hays CISD Superintendent sent a letter out thanking those for the support they have received over the past week, and closing the message out with the following statement:
"May you have rest and comfort this weekend, knowing that your HAYS CISD extended family is strong and united in supporting each other."
ORIGINAL STORY:
Court documents have revealed new details about a concrete pumper truck driver following a deadly school bus crash in Central Texas as the investigation into the crash remains ongoing.
Jerry Hernandez was behind the wheel of a concrete pumper truck that crashed into a Hays CISD school bus on March 22. The crash killed 5-year-old Ulises Rodriguez Montoya, a student at Tom Green Elementary, along with 33-year-old Ryan Wallace, a Ph.D. student at the University of Texas at Austin.
On Monday, a Texas DPS trooper interviewed Hernandez while he was in the hospital for treatment. According to court documents, Hernandez was captured on bodycam footage allegedly telling DPS that he admitted to smoking marijuana the night before the crash.
Hernandez also allegedly told DPS that he only slept about three hours before consuming cocaine at 1 a.m. the morning of the crash. He also refused to provide a blood sample for analysis, according to court documents.
“It's bad enough to have a crash that happens. But to learn that it happened because of completely preventable, avoidable factors, really makes you angry," Tray Gober, an attorney representing the family of one of the students injured, said.
Officials revealed new information on Wednesday that the vehicle driven by Wallace was a 2024 Hyundai, not a Dodge Charger, as authorities detailed during their preliminary investigation.
Court documents revealed that Hernandez told DPS he swerved his truck to avoid a vehicle that broke suddenly in front of him, but footage of the crash released by the school district doesn't appear to support his claim.
The video shows the bus driver tried avoiding the crash by partially moving onto the shoulder before it was hit. The entire crash happened in less than 10 seconds.
Gober said although it's a heartbreaking situation, things are moving quickly on the legal side.
“We're grateful for the fact that there's been an immediate, serious criminal investigation on the case that will help deter future, similar crashes, but also just helping by pursuing these civil claims," Gober said.
There are multiple fundraisers online to help the victims of the crash and their families.