Syracuse (WSYR-TV) - The driver of the Megabus that crashed and killed four people two years ago wants a judge to decide his guilt or innocence.
John Tomaszewski waived his right to a jury trial on Thursday. He’s facing four counts of criminally negligent homicide.
Tomaszewski and his attorney believe that handing the trial over to a judge will eliminate the emotion a jury might have brought in.
“I think some people think the state should have done more... CSX should have done more... a lot more could have been done, but there are those other people that say, ‘Hey, if you miss a sign you need to go to jail,’” said Eric Jeschke, Tomaszewski’s lawyer.
Tomaszewski is accused of missing his exit and getting lost on his way to the Regional Transportation Center in September 2010. Investigators say he also missed several signs for a low bridge on Onondaga Lake Parkway because he was operating a GPS device. He then crashed the double-decker bus into the railroad bridge, killing four people.
“There’s certainly going to be some signs that were missed, but I think there are some circumstances for that and some explanations for that,” Jeschke said. “As respect to the GPS, that’s for the prosecution to prove. I don’t even know if that’s going to come out or not.”
Jeschke says it’s very probable that Tomaszewski will testify. Prosecutors say they may call people who were on the bus and predict somewhere between 10 and 15 witnesses will testify.
“I’ve got my case, my evidence whether I’m trying to prove it to a jury or to a judge the evidence is the same and the proof will be the same,” said Assistant District Attorney Chris Bednarski.
Jeschke said it was Tomaszewski’s decision, with the help of consultation, to seek the non-jury trial. He says his client is nervous about the opinion of the community.
The trial is set to begin Feb. 21.
