Verdict in bus crash won't fade deep scars

COTTONWOOD, MINN. - Surrounded by carpets of green crops, the intersection of Hwy. 23 and County Road 24 was a picture of rural serenity Thursday afternoon. Grasses swayed in the sunny breeze. And at times, a full minute elapsed between cars passing through.

It is still the most painful place in Lyon County -- the site of a deadly school bus crash just six months ago in which four children were killed and 17 people were injured. Residents here take note of the gouges and traces of green spray paint that still mark the gray pavement.

It's just one of many signs that the tragedy that engulfed this town of about 1,000 is still fresh. And while news Thursday of Olga Franco's conviction in the crash brought a level of relief, many know the hurt lingers.

"I do believe that for the families it helps" knowing that Franco is being held accountable, Cottonwood Mayor Ellen Lenz said. "The part that the families needed to hear is done ... there was a reason the accident happened. It wasn't a fluke and the charges were valid."

Franco, 24, a native of Guatemala, was convicted by a Kandiyohi County jury late Wednesday of crashing into the Lakeview School bus in a van on Feb. 19.

She was found guilty of all 24 charges against her, including criminal vehicular homicide, criminal vehicular injury, driving without a license, violating a stop sign and giving a false name and date of birth. Sentencing is expected in four to six weeks.

Franco, who crossed the border three years ago in Arizona, will serve her sentence for the crash before undergoing deportation proceedings.

The case drew nationwide attention from people focused on the illegal immigration debate. Responders at the scene found Franco behind the steering wheel, her right foot wedged under a crumpled dashboard near the accelerator. Franco's attorneys fought the charges vigorously, arguing her boyfriend was the one driving the van and fled because he didn't want to be deported to Mexico. They argued that he was thrown out of the van on impact, and Franco was thrown part-way into the driver's seat.

Lyon County Attorney Rick Maes, who prosecuted the case, said reports and rumors of Franco's boyfriend being at the scene and allegations of him driving left a difficult uncertainty in the community.

"I know the families were hearing all kinds of different things through the months," he said. But after jurors considered evidence for about eight hours, he said, their guilty verdict should erase those rumors and help people move forward.

It was not a quick deliberation. When jurors began discussing the case, they took a quick survey, one juror said.

"We did a poll right away and it was pretty much split." said juror Denee Elwood, 37, a gas station clerk from Willmar.

She was among the group leaning Franco's way at first. She said jurors methodically went over each piece of evidence, including DNA tests. As they reviewed testimony, Elwood said, she joined other jurors moving toward conviction.

"The biggest factor was where her foot was" near the gas pedal, Elwood said. "We talked about everything. We wanted to make sure to go over it once, twice, three and four times to make sure we weren't missing anything. It was a long, hard thing to do."

Support for community

Many in Cottonwood are hesitant to publicly air opinions on the crash, the defendant or verdict. The tragedy is still too fresh, the small community too close, Lenz said.

"It's really hard to explain those feelings. Everyone just wants to be careful so nothing that we say is going to cause one more ounce of pain for these families," she said. "Everyone is focusing on the families."

And the support has been tremendous, many said. Neighboring towns held fundraisers. The Lakeview school district, which the bus served, is still receiving donations, administrators said. Later this month, a golf tournament is scheduled to benefit one of the injured students. There is talk of a picnic for all the families that had children on the bus. Discussions are underway for a memorial at the school.

While some people on the national level were pointing within days of the crash to the immigration debate, that wasn't the focus for most in the Cottonwood area, Lenz said. People understand the crash has changed Franco's life, too. "When you look at the pictures of her, she's a scared young person," Lenz said.

Rita and Marty Javens, who lost two sons in the crash, said the verdict felt like a weight off their shoulders.

For Marty, it brought more closure to that part of the crash than he expected. "It feels like justice was done for the boys," he said.

They know everyone involved in the crash is struggling. Parents whose children survived feel guilty, knowing their children's lives go on.

"I hear it a lot -- 'I don't know what to say. I don't know if you like talking about it,' " Rita Javens said. "I tell people I love talking about my boys," Jesse, 13, and Hunter, 9.

And she wants parents to celebrate life with their children, she said -- a motto she's trying to embrace with her surviving young daughter. "You never know when something like this will happen."

As for the immigration debate, Rita Javens said, "It's not about race. If you're going to break the laws ... you should be accountable."

Moving forward

Many said they were glad the trial ended before school begins this fall.

It won't be on the news all the time, said Darleen Cole, a longtime school secretary and receptionist. "Whenever the kids hear it, it just brings reminders all the time."

Alyssa Lund, a ninth-grader this year, agreed: "Now we all know what happened and it's done and over so we can keep moving on."

Barb Madison still misses the piano lessons she used to give Emilee Olson every Wednesday after school. Emilee, 9, an enthusiastic student who died in the crash, had a lot of potential, she said. At one point after the crash, Madison said she thought about quitting teaching, but said she then realized other students need to move forward.

"The four children, they're not coming back, and that's really tough. But the ones who are still thankfully healing, at least hopefully they're seeing the fact that justice is served," Madison said. "There's going to be sensitivity for a mighty long time, and that's OK. ... We shouldn't forget."

On his way back from the Willmar courthouse Wednesday night, after eight days of jury selection and trial, Maes, the prosecutor, stopped at the intersection.

It was late and nobody else was around. He said he just wanted to look at it.

Pam Louwagie • 612-673-7102

Staff writer Curt Brown contributed to this report.