Trial date set for Brownsville driver involved in deadly bus crash

 The Associated Press

LITTLE ROCK, Ark. - A bus driver charged in an interstate bus crash that killed four people will face trial Tuesday, but his attorney likely will ask to be released from the case, a prosecutor said today.

Prosecutor Fletcher Long said he expected the lawyer representing Felix Badillo Tapia, 28, of Brownsville would make the request. Long said that likely would create another delay in trying Tapia on four counts of negligent homicide stemming from the Nov. 25 crash.

``Everybody wants to give the defendant his rights, which he ought to have, but he pretty much gets to skate for a while,'' Long said. ``After you run out of your get-out-of-jail free cards as it were, you have to face the music.''

In January, defense lawyer Tonya Alexander and Tapia did not attend an initial arraignment hearing. Alexander later entered a not guilty plea for Tapia by phone.

Alexander did not return a call for comment left at her West Memphis law office Friday.

Tapia remains free on $50,000 bond. While Long said he believed Tapia has followed the terms of his release, the prosecutor acknowledged that another delay could make the bus driver a greater flight risk. Brownsville is just across the border from Matamoros, Mexico.

``That is a concern for us. I'm sure if she shows up and wants to withdraw, the judge is going to want to go into some of those issues,'' Long said. ``If he's not cooperating for you, then we need to make damn sure he's going to be here in the future when we need him.''

Tapia was driving a Tornado Bus Co. bus from Chicago to Dallas when it crossed the median on Interstate 40 near Forrest City, and collided with a pickup truck and a tractor trailer. Three bus passengers and the pickup truck driver were killed. More than 20 others were injured.

Tornado is based in Dallas.

According to a state police affidavit, Tapia had a small metal pill holder on him that contained a green capsule he initially identified as headache medicine. Troopers reported also finding a blister pack of the same drugs tucked into a falsified log book. Later, Tapia described the capsule as a diet pill he purchased in Mexico, the affidavit says.

The state Crime Laboratory identified the drug as Itravil, a compound made in Mexico and banned for sale in the United States. The drug works as an amphetamine.

State police reports show Tapia claimed he lost consciousness and fell to the floor before the crash after taking a sip of soda.

If convicted, Tapia could be sentenced to up to 10 years in prison and a $10,000 fine on each count.

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