Preliminary hearing for FAX bus driver accused of hit-and-run crash continues

FRESNO, Calif. (KFSN) -- Defense attorney Marc Kapetan maintains Rudy Alderette never saw anyone in the crosswalk when the FAX bus he was driving hit and killed Javier Silva almost two years ago.

"All of Rudy's statements have been consistent, 'I didn't see anything out of the front,'" Kapetan told the court Wednesday.

"He did consistently state that he never saw anything. He also stated multiple times that he thought he ran over a box of pipes turn pocket," said Fresno police detective Jeremy Maffei

The crash happened early in the morning when it was still dark out, and the roads were wet from the rain.

According to detectives, the bus entered the intersection traveling 19 miles per hour and was going 13 miles per hour at the time of impact.

"In my opinion, it probably should've been slower and the fact that there was a pedestrian in the crosswalk," Maffei told the court.

But the defense argues that Silva entered the crosswalk illegally; therefore the fatal collision should never have happened.

"If he did cross on a "Don't Walk" or upraised hand, he could be ticketed for an infraction?" Kapetan asked.

"I believe he could," Maffei responded.

The judge could decide next Wednesday if there's enough evidence to take the case to trial for manslaughter and hit-and-run.