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PORTLAND -- The driver in a party bus accident that killed an 11-year-old girl will not face criminal charges, officials announced Thursday.

Angie Hernandez was killed September 29, 2012, when she fell out the window of the bus in downtown Portland. The bus was owned by Five Star Limousines and driven by Martin Brouwer, Jr., who did not have a valid commercial driver s license at the time.

On Wednesday afternoon, Hernandez's death was found to be an accident and not the result of criminal negligence, according to Multnomah County Deputy District Attorney Nicole Jergovic. Brouwer may be cited for not having his commercial license, but he was cleared of any criminal charges.

Background: Girl, 11, killed in Portland party bus accident

The driver was not intoxicated and he did not engage in any dangerous or reckless driving behaviors. He was turning at an appropriate and lawful speed and the manner of his driving was otherwise unremarkable, Jergovic said in a statement. In short, there does not appear to be any connection between the driver s actions and Angie s death.

A Washington County inspection of the bus found it had inadequate brakes for safe stopping, inoperable required lamp, no fire extinguisher, no/insufficient warning devices, Jergovic said. The bus company was taken out of service by the Federal Motor Carrier Safety Administration and fined nearly $60,000.

The City of Portland had also suspended the company's license for failure to obtain the proper permits.

After a complete and very thorough investigation by the Portland Police Bureau s Major Crash Team and several other agencies, Jergovic concluded, it is apparent that Angie Hernandez death was an accident and not a criminal homicide.

Click to read the entire statement

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