Texas school bus crash: Grand jury to hear case against driver of cement truck

BASTROP COUNTY, Texas - The cement truck driver involved in a deadly crash with a Hays CISD school bus could be formally indicted on Tuesday. 

In the first hearing since the crash, prosecutors said a grand jury is expected to meet on Tuesday, August 6.

Jerry Hernandez is charged with criminally negligent homicide for his involvement in the crash on March 22. 

Authorities say Hernandez was driving the cement truck when he hit a school bus coming back from a field trip to the zoo in Bastrop County. A total of 44 students and 11 adults were on the bus. 

Five-year-old Ulises Rodriguez Montoya was killed, along with 33-year-old Ryan Wallace in a vehicle behind the bus. 

According to the arrest affidavit, Hernandez admitted to using marijuana the night before and cocaine in the early morning and only slept three hours the previous night.

Court paperwork says he previously tested positive for drug use and already had a prohibited driving status in a federal database. His employer, FJM Concrete, is accused of not checking the database before hiring him. 

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration ordered him to stop driving any commercial motor vehicle in April. 

TEXAS SCHOOL BUS CRASH COVERAGE:

• Injured Hays CISD teacher sues company that employed truck driver
• Report reveals fourth vehicle involved, new details
• Hays CISD releases dash cam video

Hernandez has a new court-appointed attorney. 

Neither the prosecutors nor defense attorney provided comment on Monday.

Jerry Hernandez

The next hearing is scheduled for October 28.

Along with the criminal case, Hernandez faces a civil lawsuit from one of the families whose child was injured.