AUSTIN, Texas -- According to an arrest affidavit made available Wednesday by Travis County, the driver of the Capital Metro bus that struck and killed a bicyclist in January is in custody and charged with manslaughter.
- Crash occurred January 28 near University of Texas at Austin
- Claimed life of bicyclist Tony Diaz
- Bus driver charged with manslaughter
About 10:36 p.m. on January 28, 2019, 40-year-old Mindi Stafford, of Killeen, Texas, was operating a CapMetro passenger bus along San Jacinto Boulevard, just south of the University of Texas at Austin. The bicyclist, Anthony John Diaz, was wearing a reflective helmet and his bike was equipped with a white light on the handlebars and red flashing lights below the seat.
"It's really also important to note and remember that Tony was doing everything possible to ride safely that night," said UT Police Chief David Charter.
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The bus struck the bicycle’s rear tire, and Diaz was pulled under the bus. Video shows the bus’s brakes weren’t applied until after Diaz was under the bus.
At the scene, Stafford told police officers she was trying not to hit Diaz and a car located behind him. She additionally said that by the time she saw Diaz it was too late. Police said, on the contrary, they have video evidence showing there was no vehicular traffic on the area.
Video from inside the bus shows a passenger shouting, “Whoa! Whoa! Stop the bus!” in the moments leading up to the collision. That video also shows Stafford left her designated lane and drifted towards the east curb.
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“The one thing that was very, very clear is that the people the on that bus were undoubtedly traumatized,” Carter said.
The affidavit states that Stafford failed to look out for others and did not take corrective action to avoid the collision. It additionally states she drove recklessly and caused Diaz’s death.
"There's a social contract between bicycle riders, pedestrians and people in public that drive cars. In this particular case and you look at it, traffic is not an issue, you look at the roadway. But it requires that people pay attention and focus on their driving. That's where we're at today. Obviously, it doesn't happen every day on campus. It does happen in some form or fashion elsewhere. But the thing about it is, that we tell people, it's important to recognize, be aware of your surroundings," Carter said.
Capital Metro does not directly employ bus drivers and instead works with a service provider, Travis Transit. Stafford is not longer employed at Travis Transit.
Capital Metro issued the following statement Wednesday:
"Capital Metro was made aware of the arrest and continues to cooperate with law enforcement in their investigation of the January 28 crash. Our thoughts remain with the family and loved ones of Tony Diaz."