An MBTA Transit Police report on Monday's Dudley Street crash offers witnesses corroborating the driver's version of events - that he stopped the bus and ordered a bunch of teens off the bus for smoking but that two, including one who at first demanded he "shut the fuck up and drive the bus" caught up to him at the front door and began beating him
[Read the complete report | Listen to driver's calll for help | Watch video right after the crash]
The report, used as part of the process that led to the arrest and arraignment of Felix Garcia and Michael Baptista, also has their side of the story - that the driver ordered them off even though they weren't smoking, that he insulted the "cheap" suit one of them was wearing and that when they got to the front to get his number for a complaint they wanted to make, he got out of his seat and began swinging - and then sat down and drove the bus right at them.
The police reported this interview with the driver, whom they observed to have "multiple contusions, redness and swelling to his head and face:"
The two male subjects identified as Baptista and Garcia yelled profanities at him. Baptista told the bus driver he would "shoot" him if they saw him again and he also said, "I'm gonna fuck you up.” Bus driver responded to him by saying, "What the fuck are you waiting on?" He said Baptista and Garcia then repeatedly punched him in the head. He told Detective Conway while he was being punched he was sitting in the driver's seat. He said he did not have any opportunity to stand from his seat. He said he did not fight back however, he held his hands up and attempted to push Baptista and Garcia away from him. He said he did not fight back because he was concerned for the security of the passengers and could lose his job if he had assaulted either male subject.
He said, during the assault he hit his head on the driver's window, causing it to shatter. He said at some point prior to the collision with the building he lost consciousness. When he re - gained consciousness, he said an unknown male subject told him to not move the bus. He proceeded to engage the emergency brake but left the bus engine running.
In contrast is Baptista's account:
Baptista entered the bus through the front door and said to the bus operator, "Give me your fucking name!" Then he said, "Give me your fucking badge number!" Baptista said when he demanded the bus operator’s information, the bus operator would not comply. Baptista said the bus operator stood-up from his seat and punched Baptista in the left side of his forehead. Baptista said he did not fight back, however he did attempt to break free from the bus operator by pushing his arms and chest. He said he grabbed the bus operator’s jacket at the neck area while he was repeatedly punched by the operator.
Baptista said, he may have punched the operator in order to fend off his attack. Baptista said when he was able to break free from the bus operator he exited the bus. Baptista said when he exited the bus, he observed the bus operator abruptly turn the steering wheel of the bus from traffic toward his location on the sidewalk. Baptista said the bus operator stepped on the accelerator to make the bus go faster. Baptista said he was ejected from the bus and was subsequently trapped between the bus and the building.
Baptista told us his companion Garcia was also trapped underneath the wheel of the bus. Baptista said he observed the bus operator turn the steering wheel in his direction and once he and Garcia were trapped he yelled at the two (2) of them "I got you, I got you!"
A police investigator reported an exchange with Garcia - who did not mention the driver yelling "I got you:"
Garcia said the bus driver probably thought he was the person smoking because he had a cigarette and lighter in his hand.
Garcia told me he could smell the cigarette smoke on the bus but did not observe who had been smoking. Garcia then made a spontaneous utterance and said he had been smoking a cigarette. When I inquired about his statement, he said he does smoke and did have a cigarette in his hand but he didn't light the cigarette on the bus. Garcia said while his foot was stuck under the bus and the firefighters were attempting to free him he ignited the cigarette he had been holding.
One of the investigators adds:
While on scene, en route to the hospital and at the hospital, Garcia was observed by me "high fiving" people and yelling he was going to sue the MBTA. He was yelling to the crowd "Free MBTA pass for life!"
The report cites interviews with three witnesses who backed up the driver's account of being attacked at the front.
At no point did he observe the bus operator remove himself from the driver's seat. He said the driver at no time defended himself by returning punches against his attackers. As Baptista and Garcia assaulted the bus operator he felt the bus begin to move. He described the movement of the bus to be "very slowly" without any acceleration or lurching ahead. He noted the bus was veering to the right and going up onto the sidewalk. He also observed the bus hit the traffic light. He stated there was a lot of yelling and screaming as people got off the bus. He heard people yelling for the bus drive to move the bus. He heard the bus driver say, "I can't move the bus."
