Guilty on 3 counts of negligent homicide; bus driver convicted in fireman’s death

Published 12:14 am Saturday, January 13, 2018

EDGARD — Fallen St. John the Baptist Parish Fire Chief Spencer Chauvin’s family was in attendance when a three-count negligent homicide conviction was delivered to Denis Amir Amaya-Rodriguez, driver of the bus that plowed into an active wreck scene on Aug. 28, 2016.

Spencer Chauvin

The wreck occurred on Interstate 10 near LaPlace. Chauvin, 36, was on scene working as a first responder when he was struck and killed during a series of collisions resulting from Amaya’s reckless driving.

The crash also claimed the lives of Jermaine Starr, 21, and Vontarous Kelly, 33, each of Moss Point, Miss., and injured more than 30 others.

Firefighter and Operator Travis Etie and District Chief Spencer Chauvin, right, who died in the line of duty, are shown working with area children.

Spencer Chauvin’s mother, Donna, said she is relieved the trial is over.

She said her family did not look forward to the trial, instead viewing it as a sad situation from every side because no one can change what happened.

The room was quiet Thursday afternoon as a six-person jury brought forth the guilty conviction, which will cost Amaya up to 15 years of imprisonment at hard labor (a maximum of five years per each of the three charges) and up to $15,000 in fines.

“It’s a sad situation,” Donna Chauvin said. “It was an accident. We know he didn’t intend for it to happen, and I do have sympathy for him.”

Chauvin said she is still carrying a degree of frustration and anger. She’d like to see other parties in the wrong come forward, including politicians who profit from using illegal immigrants for labor and Christian Lombardo of Kristina’s Transportation LLC/AM Party Bus, who allowed Amaya to operate the bus.

Amaya, a Honduran national in the United States illegally, drove the bus without a driver’s license as he traveled to Baton Rouge for work with more than 30 passengers on board.

Lombardo’s responsibility for the wreck was debated by the state of Louisiana and the defense. However, most discussion revolved around bus brakes and whether Amaya’s driving or faulty machinery was responsible for the crash.

To convict Amaya, the state had to prove criminal negligence, defined by St. John the Baptist Parish Assistant District Attorney Henri Dufresne as actions in disregard for the interest of others resulting in a gross deviation from how a reasonable person would respond in a specific situation.

The guilty charge indicated Amaya’s negligent actions resulted in the killing of three people, while intent was not a factor in the conviction.

Motorists present the morning of the crash said Amaya operated the bus recklessly, weaving in and out of traffic at a high speed and ignoring flashing warnings.

A state trooper testified front and rear brakes of the bus appeared to have worked at the time of the collision because all four brakes locked in accordance with standard safety features.

Dufresne contended Rodriguez was criminally negligent when he made the decision to get behind the wheel of a 129,000-lb vehicle without knowing how to properly operate it and choosing not to hit the brakes until it was too late.

“A man who couldn’t and shouldn’t drive a bus did, and a man who could’ve and should’ve stopped the bus didn’t,” Dufresne said.

“When Rodriguez decided at the last minute to hit the brakes, they locked up. The only reason for this accident was driver error.”

The defense, led by attorney Shannon Battiste, pointed out Louisiana State Police failed to conduct precise measurements and examinations of the bus’ rear brakes and motor.

Battiste called the vehicle a “death bus,” placing fault on the equipment rather than the driver.

This claim was supported by a witness who rode the bus the day of the crash and reported feeling the vehicle veer and shake before Amaya screamed to passengers to brace themselves for a crash.

“The brakes were mix-matched,” Battiste said. “One was larger; one was smaller. That was a violation against the vehicle that would render it inoperable or out of service.”

Battiste said Amaya was used as a scapegoat, and he found it “heartbreaking and disturbing” that numerous police had worked on the case without thinking to question Lombardo for renting out a dangerous vehicle.

“Christian Lombardo isn’t on trial today,” Dufresne said, adding Amaya was the one who ultimately struck people.

The prosecution denied the claim of faulty brakes by pointing out a state trooper said it is “unequivocal” that the brakes were working before and during the crash based on tire skid marks.

Amaya exercised his right to not testify during the trial.

Sentencing is scheduled for noon on April 9.

District Attorney Bridget A. Dinvaut said State Police’s “professional” and “thorough” investigation provided her office with the evidence needed.

She credited the “excellent” work of Henri Dufresne, lead assistant district attorney, as well as Assistant District Attorneys Justin Lacour and Christopher Cortez.

“The District Attorney’s office would like to express its appreciation to the victims for their participation, cooperation, strength and courage in support of our office’s  pursuit of justice in this case,” Dinvaut said.