Milwaukee County bus driver criminally charged in fatal crash
MILWAUKEE - A Milwaukee County bus driver has been criminally charged following a crash on Christmas Day that left one person dead and another injured.
52-year-old Montrell Pharm has been charged with the following in the Dec. 25 incident:
- Homicide by Negligent Operation of a Vehicle
- Reckless Driving Causing Great Bodily Harm
Incident Details
What we know:
According to the criminal complaint, on Dec. 25 just after 11 p.m., a Milwaukee Police officer was dispatched to 47th and Villard for a fatal crash that had happened there.
When the officer arrived, he saw two damaged vehicles in the roadway. The officer also saw a blood trail that went westbound on Villard "that led on an angle to where the bus had stopped. The bus was observed to have damage to its front end and had a broken passenger side windshield."
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Incident at 47th and Villard, Milwaukee
The complaint goes to say that police interviewed the surviving victim of the truck. The victim told police that he and the other victim (who was the surviving victim's grandfather) were both working to fix a truck which was parked on the side of the street.
They were both walking along the driver's side of the truck when the MCTS bus struck both of them and the vehicles.
The bus ran over the victim who was killed, and the surviving victim ran after the bus to get the driver to stop as the other victim was "under the bus," per the complaint.
He was unable to catch up to the bus due to his own injuries, but other citizens were able to flag down the bus so that it stopped about a block away.
The one victim had to be extricated from beneath the bus and died on the scene from his injuries. He was later identified as 79-year-old Robert Clemons.
The other victim suffered injuries to his leg and he was informed by the nurses at Froedtert Hospital that he had a broken arm. He was also advised he had a possible broken leg, per the complaint.
Police noted that both vehicles were legally parked.
MCTS bus video
Forward Camera:
The MCTS bus is equipped with cameras, one of which faces outward and shows the direction the bus is moving. Another camera records the bus driver.
The complaint goes on to say that video from the forward camera showed the bus primarily driving in the bike lane. It stops at a red light, and then sits there as the light turns green, sitting through the cycle of lights again.
As the bus proceeds through the intersection of 46th and Villard, the two parked vehicles involved in the crash can be observed ahead. The bus then strikes one of the vehicles, pushing it into the other vehicle.
The bus then strikes a person and the bus moves from the bicycle lane back to the main lane of traffic. The bus stops and then begins to move forward again, before stoping and pulling over near 48th and Villard.
Driver Camera:
The complaint goes on to say that Montrell Pharm, the defendant, is driving of the bus and is wearing an MCTS jacket. At various times during this video, Pharm appears to be sleeping or has his eyes closed as the bus is both stopped and when it is moving.
At one point, Pharm’s eyes appear to be closed as the bus is moving forward. While his eyes are closed, he appears to be making slight adjustments on the steering wheel. Pharm is then pushed forward in his seat as the driver's compartment appears to shake. He is then shown using the steering wheel.
The bus stops, and then Pharm begins to drive the bus forward again. Pharm stops the bus and appears to apply the parking break, per the complaint.
Bus driver interview
What they're saying:
The complaint goes on to say that police conducted a mirandized interview with Pharm.
He said that since Monday, Dec. 22, he had been working 14-hour days and had one 8 1/2 hour shift in between that, and the night before he slept for six hours.
He stated he felt ashamed by what happened, but that he was "looking straight ahead, and he had a clear path, and that he was good." The next thing he knew there was an impact.
Pharm made various comments about his health, including comments about his blood sugar, that he is "pre-diabetic" and his body must have shut down. He commented that he does not have insurance, so he has not been able to get the medication in some time, per the complaint.
MCTS records
What we know:
MCTS records reveal that Pharm was involved in an incident on Oct. 15, 2024 while operating an MCTS bus in which he was involved in a "preventable accident" at 76th and Burleigh in which he "appeared to fall asleep causing his bus to make contact with the rear of a stationary vehicle at a red light."
Records obtained from the MCTS reveal that Pharm has undergone fatigue training and has been instructed on what to do in the event he feels too tired/fatigued to operate a bus, per the complaint.
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MCTS response
What they're saying:
Below is a full statement from Milwaukee County Transit System (MCTS):
We have been notified of the District Attorney’s charges against Montrell Pharm. All of us at MCTS offer our sincere condolences to the family of Mr. Clemons and his grandson, along with all their loved ones who are grieving and recovering from their loss. Mr. Pharm was discharged from MCTS shortly after this incident.
This tragic incident in no way reflects upon MCTS bus operators as a whole, who make a serious commitment to keeping Milwaukee County safe every day, and who are also deeply saddened and distressed by this event.
Because safety is our top priority, all bus operators are expected to report to work well-rested and fit for duty. If an operator experiences fatigue, they are trained and expected to report fatigue and take themselves off duty but unfortunately Mr. Pharm fell short of that expectation.
According to Mr. Pharm’s official work record, his alleged statement regarding multiple 14-hour days leading up to the incident is inaccurate. The record indicates he was off work for three days, from December 20 through December 22. Leading up to his shift on December 25, Mr. Pharm had approximately nine hours of rest before working approximately 4-hours of voluntary overtime, followed by a 2-hour rest and he then worked part of his regularly scheduled shift.
As the complaint states, Mr. Pharm was involved in a prior incident in October. Following that prior incident, he was retrained, coached and issued a 3-day suspension. Beyond that additional training, the December 25 incident occurred less than a week after Mr. Pharm attended a highly-specialized, three-day workshop addressing emotional wellness, including the importance of sleep and showing up for work well-rested.
We have a robust safety management program at MCTS that places passenger safety at the forefront:
- Before they are hired, each new operator is tested to determine if they are fit to drive the bus.
- All new operators attend our safety training program over the course of five weeks including units on managing driver fatigue, safety and security, safety policies, defensive driving skills, and our Code of Conduct.
- Bus operators must sign several statements acknowledging that they read and understood the training they received, including driving while tired, safe driver behavior, hours of service, hazard perception, night operation, and driving in extreme weather conditions.
- MCTS conducts random drug testing of all bus operators as required by the Federal Transit Administration (FTA).
- Each bus is equipped with technology that alerts supervisors to signs of erratic driving.
- Customers can report bus operators who are driving irregularly. A supervisor is then dispatched immediately to conduct a wellness check of the driver who will be taken off the bus if necessary.
We continuously evaluate our safety management program and will work to ensure that our operators provide the safest transit services possible. Our hearts go out to the families impacted by this tragedy. This incident should not reflect upon all of our bus operators. They are professionals who recognize that the safety of the community is paramount as they provide essential transit services, connecting our community to jobs, education and life.
Court proceedings
What's next:
A summons has been mailed to Montrell Pharm, and he is ordered to appear in court for his initial appearance on Feb. 20.
The Source: The Milwaukee County District Attorney's Office provided FOX6 with the criminal complaint. Milwaukee County Transit System (MCTS) also provided FOX6 with a statement in response to the charges against Montrell Pharm.