Appeals Court to Decide Fate of School Bus Crash Conviction

DAYTON, Ohio — A man convicted for causing a fatal school bus crash is seeking to have his conviction overturned. Hermanio Joseph, 36, appeared in the Second District Court of Appeals on Tuesday, where his attorney argued for a retrial due to concerns about pre-trial publicity affecting the original jury’s impartiality.

Joseph was convicted of involuntary manslaughter and vehicular homicide in May 2024 for his role in an August 2023 collision that killed 11-year-old Aiden Clark. In addition to his conviction, he was sentenced to nine to 13.5 years in prison.

Attorney Jessica Manungo, representing Joseph, asserted that the extensive media coverage surrounding the case compromised the fairness of the trial. “There was no news videos presented, no news articles, no social media posts,” she said, urging the court to consider the potential bias from the Clark County community towards her client.

Aiden Clark was one of many students from Northwestern Local Schools on the bus when it was struck head-on by a speeding van driven by Joseph. The tragic incident occurred on the students’ first day of school and resulted in Clark’s death, profoundly impacting both his family and the community.

At the time of the crash, Joseph did not possess a valid Ohio driver’s license or a license from any other U.S. state. Manungo emphasized that Joseph’s initial legal representation failed to demonstrate the influence of media coverage on the jury selection process, citing a specific juror who expressed feelings of bias.

“Juror 10 says, ‘I don’t think I can be impartial,’” Manungo noted, indicating that the trial court judge did not follow up with questions to ensure an unbiased jury was selected.

In response, Robert Logsdon, Assistant Prosecuting Attorney for Clark County, argued that jury selection was conducted appropriately. “Those who had negative interactions were removed from the panel,” he stated. Logsdon maintained that any pre-trial publicity mainly highlighted the tragic nature of the crash rather than Joseph’s background.

“Family has their worst nightmare come true when they trust the safety of their child on a school bus driver and they never see their child alive again,” Logsdon added, reinforcing the need for accountability in such cases.

The appeals court panel did not provide a timeline for when they would issue their decision but stated they would review the arguments presented.