Principal’s attorney denies cellphone use

Feb. 07--NORMAN -- Cleveland Elementary School Principal Ty Bell was using his cellphone when he lost control of a bus on a Texas highway, an attorney alleges in a court filing.

Bell denies the allegation.

Attorney David L. Smith made the accusation in a legal request. He is asking a judge to order Norman Public Schools to release a video that he contends will prove the allegation.

Smith is representing a fifth-grade girl seriously injured in the crash.

"The Texas Highway Patrol suspected Ty Bell was using his cell phone at the time of the crash and caused the crash," Smith wrote in his request. "The bus in question is equipped with video which shows the actions of Ty Bell at the time of the crash. Norman Public Schools possesses this video.

"The Texas Highway Patrol requested the video in order to determine the exact cause of the crash and who was responsible for the children's injuries. The Norman Public Schools refused to produce the video or cooperate with the investigation."

The bus was carrying 24 fifth-grade girls and three adults from Cleveland Elementary to SeaWorld in San Antonio when the crash occurred about 3:15 p.m. Sept. 29 near Lampasas, about 61 miles northwest of Austin.

In a separate motion, Norman Public Schools is seeking an order to protect "the confidentiality of the video of the accident." Cleveland County District Judge Michael D. Tupper has yet to rule on the requests.

Bell's attorney called the allegation "false and untrue."

"The Texas law enforcement officers investigated the use of a cellphone by Ty Bell immediately prior to and at the time of the accident. They found none," attorney Tracy Schumacher said in an email. "There were two adults seated directly behind Ty Bell who could have seen cellphone use. They saw none.

"Alleging cellphone use by Ty Bell during the accident in a court pleading or reporting that there was use when there is no evidence of cellphone use is irresponsible and not helpful to the students who attend Cleveland Elementary."

Norman Public Schools Superintendent Nick Migliorino said the district has not refused to produce the video, adding that there is a "delicate balance between a reporter's and the public's right to know and the confidentiality and privacy rights of students."

"We do not have any reason to believe the accident was the result of driver inattention and there is no indication whatsoever that the driver was distracted by his phone," the superintendent said. "In fact, the accident report itself makes no finding that a cellphone was in use. The district has not refused to produce the video."

The school district previously asked the court to decide how to divide $1 million in insurance proceeds among the victims of the rollover crash that injured 27 people, five seriously.

The district and the district's insurance provider made the request in a petition filed in Cleveland County District Court in December. The parties asked the court to appoint a special master to distribute the money, which represents the maximum amount of coverage carried by the district.

Bell was driving the bus in the rain when it hydroplaned and crossed into oncoming traffic, according to a Texas Department of Public Safety report.

Bell "lost control and overcorrected to the left," causing the bus to skid into a ditch and roll over, according to the report. Unsafe speed and faulty evasive action were listed as contributing factors.

Bell was the only one wearing a seat belt and was not injured in the crash. Three students and two teachers were seriously injured, according to the report.

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