The bus driver who operated an aiga bus which allegedly struck an elderly man over the weekend made his initial appearance in the District Court yesterday. Reino Esera is charged with homicide by vehicle, careless driving, general duty of drivers and failure to yield right of way for pedestrians.

Homicide by vehicle is a class D felony which is punishable up to five years in jail, a fine of $5,000 or both, while  careless driving, general duty and failure to yield charges are class B misdemeanors which are punishable by up to six months in jail, a fine of up to $500 or both.

Esera is being held on bail of $15,000 and is represented by Assistant Public Defender Karen Shelley.

According to the government’s case, witnesses at the scene said the victim was crossing the road using the crosswalk and was struck by an aiga bus that was heading east bound early Saturday morning. Police attained written statements from three witnesses who saw the incident.

One witness who was sitting in front of the CBT store said the victim had almost gotten to the other side of the crosswalk when the aiga bus, which was allegedly speeding, struck the victim with the bar handles attached to the bus.

The defendant told police that when he was approaching the Laufou Shopping Center, he fell asleep behind the wheel while the vehicle was still in motion. He said in an instant he heard a loud bang sound from his bus and it appeared to be something that struck the bus. A passenger told the bus driver that he had struck an old man. The defendant got out of the bus and saw the victim lying unconscious on the main road and he rendered aid to the victim.

The government claims 72-year old Tufue Malele Forsythe was pronounced dead at 6:30 a.m. at the LBJ hospital.

The defendant is scheduled to have his preliminary examination in the District Court later this week, which will determine for the court whether the government has sufficient evidence to have this matter proceed to the High Court for further disposition.