On the morning of March 27, 2017, David Palacio was crossing Dawson Cabin Road to board his school bus when Block, who was attempting to pass the bus, struck the teen.
On Tuesday, Assistant District Attorney, Jamie Askin made his opening statement, making sure to include that bus had its arms extended and stop sign out when Block who was traveling in the opposite direction at 56 MPH, struck Palacio.
The prosecution called their eyewitnesses to the stand throughout the day on Tuesday. The first witness to take the stand was 16-year old Cody Guidry, a former resident of Jacksonville who attended Dixon High School, was riding the bus on the day of the incident. He told the court that he was seated at the front of the bus when he heard a “thump.” At this point, Guidry said that he went to the other side of the bus and seen David lying in the road.
The second witness for the prosecution said that he was behind the school bus, which was a complete stop. Two cars were approaching from the opposite direction, the witness said he then checked his phone, turned his head and then heard a loud boom. According to the witness, people in the neighborhood were running out of their homes yelling “OMG.” He also said that Block did not slow down.
David was in his driveway when the bus came to a complete stop, this, again, was according to the proesectutions second witness. He started approaching the bus but the witness was not sure if the bus driver signaled to David that it was safe to cross.
Later, his testimony started to become inconsistent with the written statements he gave to law enforcement. He could not remember what statement he gave first telling Block’s Defense Attorney, Ed Bailey, that he wrote the Onslow County Sheriff’s Office statement first before writing the statement for N.C. Highway Patrol.
A paramedic who responded to the call on March 27, 2017, Alex Tremaine, testified for the prosecution and said that the call came in roughly after 6:30 a.m. His shift started around 6:20 a.m. When he arrived on the scene, he stated that he saw a man holding Palacio in the roadway and begging them for help. That man was Joshua Block. The Onslow County Paramedic continued, detailing the injuries that Palacio sustained, and one in particular, “open fractures”, was questioned by the prosecution. Tremain explained that you could see where Palacio’s bones had been broken.
The bus driver of bus 104 is expected to testify Today, December 13.