HUDSON, Wis. There could be ramifications for the motorcoach industry as the result of the verdict in a criminal trial of a truck driver who rolled a big rig that was plowed into by a charter bus.

A jury deliberated less than four hours here late last month before acquitting truck driver Michael Kozlowski on charges he was criminally negligent in the 2005 crash that killed five people, all of them on the motorcoach.

The jury decided Kozlowski, 24, was "not guilty" of 33 charges -- five counts of homicide by the negligent operation of a motor vehicle, seven counts of reckless driving causing great bodily harm, and 21 counts of reckless driving causing injury.

The tragic sequence of events that led to the trial began shortly before 2 a.m. Oct. 16, 2005, near Osseo, Wis., on Interstate 94.

Kozlowski, who was driving on a suspended license, was accused of falling asleep at the wheel of his semi while making a run between Muncie, Ind., and St. Paul, Minn.

Prosecutors said he had been partying the night before and hadn't gotten the required sleep. Kozlowskis truck drifted to the shoulder and when he tried to steer it back onto the highway, according to prosecutors, it overturned, blocking two lanes.

Within moments, the truck was hit by a Chippewa Trails motorcoach carrying members and boosters of the Chippewa Falls High School marching band. Five people on the bus, including the driver, Paul Rasmus, were killed in the collision, and 29 others were injured, some severely.

The nine-day trial produced testimony offering widely differing versions of the incident and its causes.

Kozlowski had told investigators he was pulling over to the side of the highway to urinate when his truck and trailer jackknifed. But investigators testified the semi was going nearly 70 miles an hour with its cruise control on when it crashed.

Attorneys for Kozlowski focused their defense and the blame on the 78-year-old Rasmus, a popular driver for Chippewa Trails. In essence, Rasmus ended up being the one on trail and it appears the jury bought many of the defense arguments that the elderly driver was largely to blame. And that could have implications for operators who employ older drivers.

Two accidents?
Throughout the trial, the principal attorney for Kozlowski described the crash as "two accidents," which also reflected the approach taken by the Wisconsin State Patrol.

In the first, Kozlowskis big rig rolled, blocking the interstate. In the second, Rasmus drove his motorcoach into the underside of the overturned semi.

Kozlowskis attorneys contended Rasmus easily should have been able to see the overturned truck and stop if his recognition of the hazard and reaction time had been normal.

They called expert witnesses who said Rasmus shouldn't have been driving at night because his cataracts reduced contrast in his vision, making it difficult for him to distinguish the trailer from the landscape even under a full moon.

There was conflicting testimony about whether Rasmus was wearing his glasses, as required by his driver's license. And other testimony indicated he had been awake for 19 hours, meaning he may have been sleep deprived. Also, the bus had defective brakes, and there were no skid marks at the crash scene.

The National Transportation Safety Board later determined the coach's brakes were "seriously out of adjustment," and if the bus had been inspected before the accident, it would not have been allowed to be used for the trip.

Defense experts contended that had Rasmus been wearing his glasses and had the brakes been working, there should have been enough time for him to see the overturned truck in his headlights, hit the brakes, and stop with feet to spare.

Tragic details
The incident and trial had plenty of subtexts, including Kozlowski, who did not testify. Reporters covering the trail were taken by his physical appearance; tattoos cover his scalp, neck and arms. Kozlowski could have faced up to 100 years in prison on the charges had he been convicted.

The crash devastated the city of Chippewa Falls, and the trial was moved to Hudson because of publicity surrounding the case.

The coach that crashed was minutes from home as it drove back from a band competition in southern Wisconsin. Killed in the crash along with Rasmus, were the high schools veteran band director, his wife, their granddaughter, and a teacher.

Although Kozlowski's driver license was suspended at the time of the crash because of a traffic ticket, the judge in the case ruled before the trial that jurors would not be allowed to hear about the suspension. The judges decision has been widely criticized.