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  • County Attorney looks into possibility of filing charges in Nebo Loop accident


By Myrna Trauntvein
Times-News Correspondent

Juab County Attorney David Leavitt requested more interviews be made by the Utah Highway Patrol before he determines whether criminal charges in a bus crash on the Nebo Loop Road in October should be filed.

Six elderly women lost their lives as a result of the accident.

"The list of potential defendants in a case such as this far exceeds just simply the guy driving the bus, and that's primarily why I asked the officer to expand his scope a little more with regard to who is being interviewed," Leavitt said.

He said, depending on the findings of the investigation, there are a variety of charges that could be filed.

Leavitt requested the additional interviews after discussing the case with a Utah Highway Patrol investigator.

"You've got anything from a minor traffic violation, to safety violations on buses, to defective equipment violations, to something actually involving the death of the individuals," Leavitt said.

The six of 26 passengers were killed when the bus crashed while taking a group of elderly people on a fall foliage-viewing trip on Oct. 2 along the Mount Nebo Loop Road.

The crash actually occurred in Juab County.

Leavitt said a decision on charges could range from a class C misdemeanor traffic violation to second- or third-degree felony criminal homicide, Leavitt said.

"At this point it's just as much a likelihood that there will be criminal charges as a likelihood that there won't be," Leavitt said.

Inspectors from the Utah Department of Transportation and Federal Motor Carrier Safety Administration concluded a thorough inspection of the company and discovered 21 deficiencies, resulting in an unsatisfactory rating for the company.

Donna's Tours Company attorney George Naegle said the items "which unrelated to the accident, which are easily fixed," should not, in his opinion, be cause for charges.

"I can't see where an investigation of that bus would produce anything that would be criminal in nature," Naegle said.

Donna's Tours has 45 days to appeal the findings or fix the problems. The company plans to dispute some of those findings. The accident was the first in the family-run company's 37-year history.

Senior Friends program based out of Ogden Regional Medical Center on an annual foliage-viewing trip. The group had used Donna's Tours 25 to 30 times in the past and was familiar with the driver.

The driver told police the brakes failed as he started the downhill section of the Nebo Loop. When the brakes failed, the bus tipped on its side, hit a line of trees and slid to a stop on the steep mountain roadside.

"We've completed our report and it has been turned over to the Juab County attorney for his review," UDOT spokesman Tom Hudachko said. "It's still considered to be an open investigation, and we can't comment."