Joseph, a Haitian immigrant, faces first-degree felony involuntary manslaughter and fourth-degree felony vehicular homicide charges.
Ohio State Highway Patrol Sgt. Jeremiah Smith, a crash reconstruction expert, testified that through his investigation and in viewing the dash camera footage from the bus, he found as the Honda crossed into the lane of the bus, Northwestern driver Alfred “Gene” Collier, moved the bus to the shoulder on the asphalt. The Honda continued to cross over and struck the side of the bus, then it traveled south across the roadway, coming to rest in a field.
The bus, which the driver “put a lot of input into” trying to get away from the minivan, sustained damage to the back axle, Smith said. It went down an embankment, turned, then flipped on its top.
Aiden Clark, 11, was ejected out of the top emergency hatch as the bus flipped, and he was crushed under the roof, Smith said. The emergency hatch door snapped off its hinges.
Smith said there is evidence that as the Honda made initial contact with the bus, Joseph attempted to turn the vehicle into the other lane. He said there is no evidence of an attempt to brake or return to the proper lane prior to striking the bus.
The minivan was traveling between 58 and 61 mph at the time according to a speed calculation, Smith said. The speed limit was 55 mph. A speed analysis could not be completed on the school bus.
Joseph’s attorney, Cathy Weithman, said during opening statements the sun was in her client’s eyes at the time of the crash. Smith said the sun was in the east — the direction Joseph was traveling — and Joseph’s sun visor was down.
Weithman emphasized to jurors the main element of the case is whether Joseph’s license was valid: an invalid license elevates his vehicular homicide charge to a felony, which gives way to the involuntary manslaughter charge, which he can be charged with if he caused a death while committing a felony.
Joseph has a Mexican driver’s license.
Sydney King, Ohio Bureau of Motor Vehicles policy advisor, testified Tuesday that Joseph did not have an Ohio driver’s license, but he did have a state identification card. She said an Ohio ID requires a person to establish residency in the state.
Joseph obtained his state ID at the end of March 2023, King said. She said Joseph provided an I-94 when he applied for his ID, which established his immigration status in the U.S. as legal.
A person who has established residency in Ohio has 30 days to obtain a driver’s license in order to legally drive, King said. Those from out of the country whose intention is solely to visit can drive for a year before being required to obtain an Ohio driver’s license.
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