There will be no criminal charges in the case of a 12-year-old girl who died after falling from a party bus in downtown Portland.
Angie Hernandez's death was described as an accident and not a homicide in the report released Thursday by the Multnomah County District Attorney's Office.
Hernandez and 31 of her friends were heading to a Quinceanera in downtown Portland on Sept. 29 when the accident happened. Hernandez was sitting on top of a seat with her back against a window when she fell backward. She fell through the window and onto the pavement near Southwest Harrison Street and First Avenue.
The rear tires of the bus ran over her and she died immediately.
"The driver was cooperative, but very upset and crying. He explained that he had a daughter the same age and he could not believe that his vehicle ran over her or understand how it had happened," the report said.
A lead investigator wrote the windows of the bus have emergency latches to open the window outward, allowing for someone to escape in an emergency.
There were only two windows on the bus that functioned properly, and the window from which Hernandez fell was one of those properly functioning windows.
"At the time she fell, however, the latch was not secured. It was unlatched, leaving the entire window free to swing on the top hinge and open behind Angie," the investigator wrote.
There were various possibilities on how the window became unlatched, but it's not known how it happened, police said.
Despite there being more than 30 children on the bus, the party bus company, 5 Star Limousine, didn't require adult supervision for the large group, the DA's office report said. The bus design also prevented him from seeing the children.
In the end, however, police decided there were no connections between the driver's actions and Hernandez's death.
Police said the driver, Martin Brouwer, didn't have a commercial
driver's license at the time and he will likely be cited now that the
investigation is over.A federal agency also fined the bus company $59,000 and placed the company out of service after an investigation.
Back in October, Five Star Limousine's general manager described it as a "horrible, horrible mistake."
"It really saddens and hurts all of us that this happened," Rick Lycksell said.
Copyright 2013 KPTV-KPDX Broadcasting Corporation. All rights reserved.
Tuesday, June 18 2013 4:56 PM EDT2013-06-18 20:56:44 GMT
A former Sherwood High School teacher is facing charges of sex abuse, the alleged victims three students. Washington County deputies say Denise Keesee turned herself into detectives today after monthsMore >
A former Sherwood High School teacher is facing charges of sex abuse, and police say the alleged victims are two former students.More >
Tuesday, June 18 2013 9:47 AM EDT2013-06-18 13:47:39 GMT
A group of homeowners in Clackamas County is banding together to send crooks a strong message about an increase in crime in their neighborhood. They're starting to post signs that read, "Glock block. WeMore >
Homeowners in the Milwaukie area are posting signs in their neighborhood that say: "Glock block. We don't call 9-1-1."More >
Tuesday, June 18 2013 9:23 AM EDT2013-06-18 13:23:30 GMT
A 5-year-old girl set up a lemonade stand across the street from the Westboro Baptist Church compound, and now the group is targeting her. Jayden Sink raised nearly $200 on Friday while she sold lemonadeMore >
A 5-year-old girl set up a lemonade stand across the street from the Westboro Baptist Church compound, and now the group is targeting her.More >
A driver is now facing charges for the death of a man dribbling a soccer ball along the West Coast with a mission of making it to the World Cup. Richard Swanson, 42, of Seattle, was hit from behind byMore >
A driver is now facing charges for the death of a man dribbling a soccer ball along the West Coast with a mission of making it to the World Cup.More >
Tuesday, June 18 2013 11:27 AM EDT2013-06-18 15:27:20 GMT
A 3-year-old girl was taken by Life Flight to the trauma center after falling into a crawlspace and hitting her head. Emergency crews said it happened just before 6 p.m. Monday on Meyers Road in OregonMore >
A 3-year-old girl was taken by Life Flight to the trauma center after falling into a crawlspace and hitting her head.More >
Monday, June 17 2013 9:59 PM EDT2013-06-18 01:59:19 GMT
LYNCHBURG, VA (RNN) – Kimberly Burke is used to capturing emotion. As a wedding photographer, she has an eye for tender moments, like the photo she snapped of a Marine and his bride praying that has goneMore >
A quiet moment captured before a couple wed has brought collective "awws" by millions on the internet.More >
Tuesday, June 18 2013 12:58 PM EDT2013-06-18 16:58:23 GMT
Clackamas and Gladstone firefighters are responding to High Rocks Park in the Gladstone area to search for a missing person in the Clackamas River.Further details weren't immediately available, but FOXMore >
Construction workers called 911 after spotting a man struggling in the water as he was swept down river near High Rocks Park.More >
Monday, June 17 2013 3:19 PM EDT2013-06-17 19:19:36 GMT
A disgruntled man is accused of filing a false police report about a rape threat and possible hostage situation that shut down a Gresham neighborhood early Monday morning. Police said the report cameMore >
A disgruntled man is accused of filing a false police report about a rape threat and possible hostage situation that shut down a Gresham neighborhood early Monday morning.More >
Tuesday, June 18 2013 11:55 AM EDT2013-06-18 15:55:21 GMT
A former coach at Catlin Gabel school turned himself in on charges of luring a minor Monday morning. Washington County deputies said Deonte Huff was originally arrested back in May at his apartment onMore >
A former coach at Catlin Gabel school turned himself in on charges of luring a minor Monday morning.More >