The driver also refused to provide a blood sample for analysis to authorities.
AUSTIN, Texas — No charges have been filed against a cement truck driver following a deadly school bus crash in Central Texas.
However, court documents revealed new details about the driver as the investigation into the crash remains ongoing. At this time, KVUE is not naming the driver, as charges have not been filed against him.
The driver was behind the wheel of a cement 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.
RELATED: New details after Hays CISD releases video of deadly school bus crash
On Monday, a Texas DPS trooper interviewed the driver while he was in the hospital for treatment. According to court documents, the driver was captured on bodycam footage allegedly telling DPS that he admitted to smoking marijuana the night before the crash.
The driver 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,” said Tray Gober, an attorney representing the family of one of the children injured.
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. DPS also stated that no charges have been filed, but that their investigation is ongoing.
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Court documents revealed that the driver 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 says although 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,” said Gober.
There are multiple fundraisers online to help the victims of the crash and their families.
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