Criminal Court Judge Don Poole said he will issue a written opinion on whether the bond should be lowered for Johnthony Walker, who is charged in the tragic Woodmore Elementary bus wreck in which six children were killed and others seriously injured.
At a hearing on Thursday morning, the defense contended that a white van may have gotten in the driver's way on Talley Road and caused him to swerve and lose control of the vehicle.
Judge Poole also denied a motion that Walker be given diversion and avoid any more jail time if he has no further charges for a set time.
Walker, who was driving for Durham School Services, has been in jail since the incident on Nov. 21, 2016.
Judge Poole said that are bond guidelines he has to follow, though he said, "This is a horrible, tragic situation we find ourselves in."
The bond is currently over $100,000.
Kay Baker, a private investigator, said a witness stated that a white van was on Talley Road in the vicinity of the wreck. The witness said it had the appearance of being a small bus. District Attorney General Neal Pinkston said the same witness spoke with the National Transportation Safety Board and did not indicate that the vehicle caused the bus to swerve.
Ms. Baker said she was able to get video from the Sonic at Brainerd Road and Talley showing a white van going toward the accident scene in the opposite direction of the school bus just before the time of the wreck.
She said information about a vehicle causing the bus to swerve also came from driver Walker.
Attorney Amanda Dunn put into evidence three still photos from video just before the wreck. She said a white vehicle could be seen in the pictures.
She said that evidence does not make it a foregone conclusion that the defendant would be convicted at trial.
She also said that the maximum sentence he could receive would be six years.
Several witnesses called Walker quiet, dependable, mannerly and a hard worker. They said he appeared to be a good father to his child.
He was working two jobs at the time of the wreck, starting with Durham on April 21, 2016, and with Amazon on June 22, 2016.
Walker's family did not own a car and he often went to school and jobs on a skateboard, it was stated.
A letter was read from Hassan Najjar, who befriended Walker when he was with the Hunter Museum before going to a museum in Cleveland, Tn., then to Colorado. He said Walker was a "classic introvert" who had much potential as an artist.
He said he would give him rides and keep in touch with him. He said he was shocked to find he was the driver of the bus in the fatal wreck.
Attorney Dunn said Walker has been kept in isolation at the jail for his safety. She said that, along with the circumstances of the case, are wearing on him mentally. She said he needs counseling.