Michael John Kozlowski, 23, of Schererville, Indiana, was charged Thursday with five counts of homicide in connection to a crash he allegedly caused while operating a semi truck and trailer. Prosectors charge that Kozlowski's reckless driving and falling asleep behind the wheel of a semi truck killed five people, including the Chippewa Falls band director, Douglas Greenhalgh, 48; his wife Therese, 51; and their 11-year-old granddaughter, Morgan Greenhalgh. The driver of the bus, Paul Rasmus, 78, and student teacher Brandon Atherton, 24, were also killed. Several students were also injured on the bus carrying the high school band home from a weekend competition. According to Wisconsin State Police, the charter bus filled with 44 students, teachers and chaperones from Chippewa Falls High School, plowed into Kozlowski's semi trailer that had overturned and jackknifed on the highway, blocking both lanes. In total, Kozlowski was charged with 11 felony counts of reckless driving causing great bodily injury and nine misdemeanor counts of reckless driving causing injury.
According to prosecutors, the night before the crash (October 14, 2008), Kozlowski stayed out late partying. He then took off from Indiana and was reportedly driving erratically before falling asleep. Apparently, Kozlowski had veered of the road after crossing into Wisconsin and then over-corrected causing the truck to overtun on Interstate 94. Two witnesses apparently support the prosecutors version of Kozlowski's driving.
The complaint filed by Wisconsin Prosecutors cited information from Kozlowski's truck's global positioning system, and indicated he traveled to an Indiana tavern Oct. 14 to attend a going away party for a co-worker. Tavern witnesses reported that Kozlowski was at the tavern until closing time early Oct. 15th. Those witnesses also told investigators Kozlowski was drinking hard liquor at the Indiana tavern, but there is no mention in the complaint on any blood-alcohol test that may have been performed.
According to state law, the maximum penalty for Kozlowski on each of the homicide charges is 10 and a $25,000 fine. Kozlowski faces up to 3 1/2 years in prison and fines of up to $10,000 on each of the felony reckless driving count, and up to a year in prison and $2,000 fine on each misdemeanor count.
An investigation by the National Transportation Safety Board also found possible problems with the brakes on the bus; however, the agency believes a lack of skid marks on the interstate may, however, indicate that the bus driver did not have time to stop.
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