Search warrant issued for bus driver accused of fatally hitting cyclist

Austin

AUSTIN (KXAN) — On Tuesday, the University of Texas at Austin Police Department obtained a warrant to search the home and mobile phone of the driver who struck and killed a cyclist on the UT campus on Jan. 28.

According to the search warrant affidavit, UTPD has received access to the Killeen home of the driver, in addition to her phone.

The woman was behind the wheel of the bus on the night she reportedly drove straight into a cyclist despite cries from passengers to stop. She allegedly did not press the brakes until the victim Anthony John Diaz, had already been hit.

Upon inventory of the bus, detectives located a backpack — determined to belong to the driver — containing several medications some of which have side effects causing drowsiness, confusion, dizziness and blurred vision.

One detective, a Drug Recognition Expert, informed her of the additive effect of drugs when medications with similar side effects are taken together and amplified.

After Standardized Field Sobriety Tests, an Austin Police Department officer determined that the woman showed six out of six clues on the Horizontal Gaze Nystagamus Test — which assesses drug or alcohol affectation based on involuntary jerking of the eyes.

During the investigation, it was discovered via bus camera footage that the driver had been using her cell phone frequently.

According to the warrant, it appeared she was texting with at least one person at the scene when she was not talking with the investigating officers.

Near the beginning of the officers’ interview, the driver reportedly asked the officers for a phone charger, indicating that she had used her phone regularly before and that she may have discussed her physical and medical condition before the collision and discussed possible reasons for the collision after.

Detectives believe her phone and/or property may contain evidence related to the collision.

She has so far not been charged or arrested and is not reported to have any previous criminal record.

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