The driver of a passenger bus that crashed in Stafford in May, killing five, was denied bond by a county judge Friday, but his attorney has appealed the decision.
Thomas Walsh, who represents driver Jing S. Dong of Staten Island, N.Y., said he disagreed with General District Court Judge Mayo Wilson’s notion that Dong was a flight risk. So he appealed the decision to Stafford Circuit Court.
Dong faces five felony counts of involuntary manslaughter — one for each death — and a misdemeanor charge of reckless driving. Walsh said he hopes the bond appeal will be heard Tuesday.
Dong, who remains in the Rappahannock Regional Jail, was driving a tour bus carrying 26 people that authorities say caused a multi-vehicle crash on Interstate 95 on May 29.
The bus, operated by E&P Travel Inc. and bound for Charlotte, N.C., was traveling southbound on I-95 and didn’t slow as it approached the work zone near mile marker 146.6 about 2:30 a.m., according to a preliminary report on the crash released by the National Transportation Safety Board.
Before coming to a stop, the bus collided with eight vehicles over less than half a mile. Four of the five people who died in the incident were in an Acura SUV that became consumed by fire, the NTSB report says. More than 40 other people were injured.
Friday’s decision stood in contrast to a separate one Wednesday in Stafford Circuit Court. Dong was granted a $25,000 bond then, but Judge Charlie Clark’s decision also forbade him from leaving Virginia.
The charges against the driver are split between the two courts now, but eventually all the matters will be heard in Circuit Court. A trial is scheduled for Oct. 6.
Dong appeared in General District Court on Friday in a tan jumpsuit. He was in a wheelchair as he is still recovering from injuries he suffered in the wreck, and he was assisted by a Mandarin interpreter because he speaks limited English.
Stafford Commonwealth’s Attorney Eric Olsen had videos of the crash played for the judge, and he argued that Dong, a native of China, is a “grave” risk to flee to that country.
Olsen also expressed concern that no one could literally prevent Dong from getting behind the wheel again.
“We can’t stop him from getting into a motor vehicle,” the prosecutor said.
Walsh, however, didn’t agree.
“He’s not a danger to himself,” he told Wilson about his client. “He’s not a danger to the public.”
After Friday’s hearing, Walsh told reporters gathered outside the Stafford courthouse that nothing demonstrates that Dong is a flight risk.
“He’s turned in his passport,” the lawyer said. “He’s a U.S. citizen. It’d be like you or me.”
Walsh also disputed Olsen’s characterization of Dong being somehow connected to China.
“So he’s kind of making it up, you know, bottom line,” he said of Olsen.
Walsh said all he wants is for his client’s case to be heard by an objective jury, but he’s afraid of bias against Dong. The attorney already has received a “very threatening” email because of his work.
“All I want is a fair jury,” Walsh said. “I just want a fair, unbiased jury that will look at the facts, because this is an accident.
“It is an accident. People perished. It’s horrible. But does it rise to the level of criminal liability? That’s the issue.”
