Family of man killed by Columbia city bus claims city destroyed evidence
The family of a man killed by a Columbia bus believes the city destroyed evidence related to the case.
David Birkenbach’s family filed a lawsuit against the city and bus driver in 2016 after he was hit and killed by a city bus.
In a recent court filing, attorneys for the family alleged the city destroyed documents related to the driver, Hamis Mukiwa. The documents missing included interview notes, the background check file and drug test results all related to the hiring of Mukiwa.
The motion claimed the destruction of documents has made it impossible for the family to get all of the evidence it needs for the civil case. Judge Kevin Crane signed an order in April that the city preserve some of the material in question.
The family’s attorneys are seeking sanctions against the city for its failure to comply with the court’s 2016 order to preserve evidence.
Mukiwa, who was 22 at the time of the crash, was a new driver to the city’s bus system. The lawsuit claims he was driving a new route that day at the direction of Dale Lynn, the bus driver trainer for the city. Mukiwa pleaded guilty to a misdemeanor driving charge in June 2017, receiving probation.
A hearing is set for Feb. 19 on the issue.
