Concrete company didn't check driver's driving, drug history: affidavit

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Jerry Hernandez has been charged with criminally negligent homicide for the March 22 crash involving a Hays CISD bus, which killed five-year-old Ulises Rodriguez Montoya and 33-year-old Ryan Wallace in another car.

Documents show more about the driving history of the concrete truck driver involved in a deadly school bus crash and how he was able to slip through the cracks. According to the arrest affidavit, at the hospital, Hernandez admitted to a trooper he smoked marijuana the night before and used cocaine in the early morning. He said he slept three hours at night and took a 15-minute nap in his truck before leaving a jobsite before the crash. He even fell asleep during the interview.

"States communicating with each other and the Federal Motor Carrier Safety Administration and communicating with the states, I imagine there can be some delay there. There can be delay within the Administration's reporting to the states, and does the Federal Register report that to the state of Texas? How fast does that occur? I don't know the answer to that. I imagine that there's variances there, but the employer themselves has an obligation to pull that information as well.

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