CHATTANOOGA, Tenn. (AP) — A defense attorney for the driver in a Tennessee school bus crash that killed six elementary school students in November says the bus driver swerved to avoid a collision with a second vehicle.
Johnthony Walker’s attorney will make the case for judicial diversion Thursday in Hamilton County Criminal Court, suggesting a judge should offer Walker probation and dismissal of his case.
Walker’s court filings say there’s no public interest in incarcerating someone with no prior criminal record who was working two jobs to provide for his family.
The Chattanooga Times Free Press reports 25-year-old Johnthony Walker’s lawyer Amanda Dunn filed a motion Friday citing video footage and eyewitness account. The presence of a second vehicle wasn’t public information prior to the filing.
Walker faces 34 charges, including six counts of vehicular homicide.
Hamilton County District Attorney’s Office spokeswoman Melydia Clewell says the defense team recently provided the video to prosecutors, who plan to file a response before Thursday.
Prosecutors say Walker isn’t even eligible for diversion until he first pleads or is found guilty.
Tennessee’s court system says more than 6,000 cases resulted in pre-trial or judicial diversion in 2015-16, including 16 for homicide.
