Circuit Judge Joseph Ellis ruled that the conduct of bus driver Kin Yiu Cheung was “so gross and wanton” that he had no choice but find him guilty of manslaughter.
Fifteen witnesses were called by the prosecution in that case, stating that Cheung was driving erratically and acting angrily toward bus passengers. According to witnesses, Cheung began driving aggressively for about an hour after drinking several cups of coffee and energy drinks.
He then fell asleep behind the wheel and lost control of the bus, operated by low-dare company Sky Express.
Immediately, as the bus began to drift from the roadway, dozing passenger were awakened as the bus’ tires crossed the rumble strips on the edge of the travel lane. Witnesses testified that several passengers began screaming when they saw Cheung slumped over at the wheel.
Passenger Karrie Finch said, “It was almost as if you’re on a roller-coaster ride.”
“I could hear people yelling, ‘He’s dead!’ and ‘We’re going to die! We’re going to die!’” Finch said.
Witnesses added that Cheung yelled at several passengers, at one point nearly leaving a pair of passengers who got off the bus without his permission during a brief stop to use the bathroom.
LiDenne Cromartie, also a passenger, said that while she was helping fellow passengers out of the overturned bus, she encountered Cheung, who said, “I’m sorry, I’m sorry. I fell asleep.”
State Trooper Andrea N. Vowell said that Cheung nodded when she asked him whether he had fallen asleep behind the wheel. In a state, Cheung wrote, “Maybe I feeling tired and sleepy time.”
Defense attorney Taylor Stone said that Cheung, who told investigators he got about six hours of sleep before beginning the bus trip from Greensboro, N.C., to New York at around 11 p.m. May 31, 2011, acknowledged that he fell asleep behind the wheel before the crash, which was a “horrendous accident,” but not a case of criminal negligence.
Judge Ellis, however, ruled otherwise. Cheung faces up to 40 years in prison at his sentencing, which will occur January 23, 2013.
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