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.
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