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Published - Wednesday, August 06, 2008

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Woman accused in fatal bus crash found guilty


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WILLMAR, Minn. (AP) — A jury in Willmar has returned a guilty verdict against the woman accused of driving the minivan that caused a fatal school bus crash near Cottonwood.

Olga Marina Franco Del Cid, 24, was convicted on all 24 counts against her, including four counts of criminal vehicular homicide.
The February crash killed four schoolchildren and injured 14 others.

Franco's main defense was she wasn't driving the van. She testified that her boyfriend, Francisco S. Mendoza, was driving. He fled and is believed to now be in his native Mexico.

Killed in the crash were: Jesse Javens, 13; his brother, Hunter Javens, 9; Emilee Olson, 9; and Reed Stevens, 12.During final arguments, prosecutors pointed to the testimony of firefighters and engineers who said they found Franco pinned in the driver's seat.

The jury started its deliberations about 2:15 p.m. today. The case was moved from Lyon County due to pretrial publicity.

Defense attorney Neal Eisenbraun told the jurors today the state had not proven it’s case because it Mendoza get away. He also said Mendoza’ flight could be used as evidence of this guilt.

“He knew he was driving and that he would get in trouble for it,” Eisenbraun said. “They (the state) are desperate to convict someone in this tragedy. The woman they have had locked up for the past half-year will do just fine.”

During his final argument, Lyon County Attorney Rick Maes pointed to the testimony of firefighters and engineers who said they found Franco pinned in the driver’s seat.

“She had to be extricated form the vehicle,” Maes said. “The fact that she had to be extricated is the telling tale.”
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