Attorney Cathy Weithman argued in the motion that on the first offense, a crime of driving without a valid license is a minor misdemeanor, according to the Ohio Revised Code. She wrote the code also states a person who causes the death of another in a crash while committing a minor misdemeanor is guilty of vehicular manslaughter, which is a second-degree misdemeanor.
She wrote the law also says that “if at the time of the offense the offender was driving without a valid license, temporary permit” they would be guilty of vehicular manslaughter — a first-degree misdemeanor.
“Here the aggravated vehicular assault as per statute is either a misdemeanor of the second degree or a misdemeanor of the first degree, not the fourth-degree felony set forth in the indictment,” Weithman wrote.
Investigators said Joseph was driving a 2010 Honda Odyssey about 8:15 a.m. Aug. 22 in the 4100 block of Troy Road (Ohio 41) at Lawrenceville when his minivan went left of the center line into the path of an oncoming school bus with 52 students and the driver aboard.
The bus driver attempted to avoid the Honda by driving onto the shoulder, but the bus still collided with the minivan. The bus and van went off the side of the road, with the bus rolling over.
Aiden Clark, 11, was ejected and died on the scene, and another student suffered life-threatening injuries. About two dozen more children were injured and taken to area medical centers for treatment.
Joseph presented to law enforcement a driver’s license from Mexico, which was invalid due to his immigration status, which assistant county prosecutor Greg Morris said previously is under investigation. He also had an Ohio identification card.
“The state alleges that because [Joseph] never converted his license to an Ohio driver’s license in a timely manner that [Joseph’s] license became invalid,” the motion stated.
Weithman also said in the motion no evidence that Joseph’s license was invalid at the time of the crash “has been supplied to [the] defense” by prosecutors.
Joseph and his passenger in the minivan were taken to the hospital with injuries that were not life-threatening.
Morris said previously Joseph is registered as a Haitian immigrant in the state of Florida.
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