YELLVILLE — A former Berryville School District bus driver was sentenced Friday to 10 days of community service for a 2010 school bus crash that injured him and 11 passengers, one critically.
Warren Allen Rainwater, 56, of Berryville was found guilty of driving while intoxicated, careless driving and nine counts of endangering the welfare of a minor after crashing the bus Oct. 1, 2010, on U.S. 62 near Pyatt.
Rainwater was found to be under the influence of prescription medication when he crashed the bus loaded with nine students and two teachers on their way to a Future Business Leaders of America conference at Ozarka College in Melbourne. The bus left the road and rolled down a steep ravine, coming to rest on its side, police said.
Baxter County District Judge Van Gearhart presided over the day-long bench trial in Marion County. Gearhart served as a special judge in the case because Marion County District Judge Judith Bearden recused due to a family connection to Rainwater.
Gearhart sentenced Rainwater to a total of 10 days in jail but gave him the option of doing community service instead. The judge agreed that Rainwater will be allowed to perform his community service in Carroll County, where he lives.
Gearhart said he based his guilty verdicts in part on the testimony of Arkansas State Police trooper Matthew Sheley, who described Rainwater as appearing incapacitated after the wreck.
Sheley said Rainwater’s knees were buckling, he kept his eyes closed except when he was spoken to, and couldn’t offer his name.
“In the minute I talked to him, he appeared to be basically sleeping as he was standing there,” Sheley said.
Rainwater’s attorney, Phillip Moon of Harrison, argued that Rainwater’s condition could have been caused by the concussion he suffered in the crash. He argued that Rainwater was innocent because there was no evidence that medication he had taken the night before was affecting Rainwater.
Moon said that Rainwater reported the bus was handling as if on ice, and he had slowed to find a suitable place to pull off the road.
Gearhart rejected the argument that new tires and a light load caused the bus to “wander.”
Kenford Carter, Marion County deputy prosecuting attorney, argued that Rainwater’s impairment was evident from the wreck, and he endangered the students by passing up opportunities to stop moments before the crash.
Rainwater’s impairment was apparent on a video recorded by on-bus cameras, Carter said. He also referred to the testimony given by two drivers who were following the bus before it crashed.
Robert Rippee said he followed the bus about 10 miles and saw it swerve off the shoulder and across the center line.
Debra Chism, who was driving behind Rippee, said she was so concerned about the bus swerving that she had started dialing the Marion County sheriff’s office moments before the crash.
“I had [dialed in] four numbers to the sheriff’s department - I know the number by heart - when the bus swerved across the highway and off the road,” Chism said.
Carter said he wanted teacher LeAnn Johnson to testify, but her injuries prevented her from attending Friday.
Johnson suffered the most severe injuries in the crash, including a broken neck. She can be heard moaning on the video recorded by the on-bus cameras and has filed a civil suit against the Berryville School District, according to testimony.
Gearhart said his decision was influenced by the fact that neither Rainwater nor his wife could recall exactly what medication he had taken the night before the bus crash.
“It seems to me, if a person’s taking drugs and driving a school bus, they ought to darn well know what drugs they’re taking, when they’re taking them and what effect they’re going to have,” Gearhart said.
Moon said Rainwater likely will want to appeal the decision and described him as “overwhelmed” by the verdict.
“He’s devastated,” Moon said. “He’s never done anything wrong in his life.”
Gearhart gave Rainwater a combination of $2,975 in fines, but suspended $2,000. He also ordered Rainwater to complete a driving while intoxicated education course at Decision Point in Fayetteville.
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Northwest Arkansas, Pages 9 on 12/03/2011