Judge denies motion to dismiss charges for driver accused in deadly school bus crash

CLARK COUNTY — The judge overseeing the case against the man charged and accused of causing a deadly school bus crash in Clark County last year has decided on a recent motion.

>>RELATED: Prosecutors respond to motion to dismiss charges for driver accused in deadly Clark Co. bus crash

On Friday, Feb. 2, the motion to dismiss the charges against Hermanio Joseph was denied, according to court documents.

Joseph, 35, was charged with involuntary manslaughter and vehicular manslaughter in August after the crash killed 11-year-old Aiden Clark.

On Jan. 10, Joseph’s attorneys filed a motion in the Clark County Common Pleas Court to dismiss the case, court documents show.

Prosecutors responded to the motion saying due to Joseph’s invalid driver’s license, his charge was elevated to a fourth-degree felony.

>>RELATED: Motion filed to dismiss charges against driver accused in deadly Clark Co. bus crash

As News Center 7 previously reported, Joseph was the driver of a Honda Odyssey that crossed left of center and into the path of a Northwestern Local School District bus on State Route 41 on Aug. 22. While trying to avoid the van, the bus traveled off the right side of the roadway, down an embankment, and overturned.

Clark was killed in the crash and dozens of other students were injured.

In the motion to dismiss the case, Joseph’s team said it was “uncontested by the State that (Joseph) had a valid license issued in Mexico, where he resided prior to arriving in the United States.”

According to court documents, prosecutors said that the claim was not true and that they claimed the license was invalid for multiple reasons.

>>RELATED: Driver accused in deadly Clark Co. bus crash indicted on charges

Prosecutors stated that a Homeland Security special agent confirmed that Joseph’s license was “invalid with the Mexican government,” as it wasn’t “issued from an approved location,” according to a previous News Center 7 report.

Additionally, prosecutors wrote that since Joseph lived in the United States for more than a year, he was required by law to get a state driver’s license.

News Center 7 will continue to follow this case and bring you the latest updates.

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