CHATTANOOGA, Tenn. — A defense attorney for the driver in a Tennessee school bus crash that killed six elementary school students in November says the bus driver swerved to avoid a collision with a second vehicle.

The Chattanooga Times Free Press reports 25-year-old Johnthony Walker’s lawyer Amanda Dunn filed a motion Friday citing video footage and eyewitness account. The presence of a second vehicle wasn’t public information prior to the filing.

Dunn will argue at Thursday’s hearing that Walker should receive diversion, which could get Walker’s case dismissed after he completes probation, community service or other treatment.

Walker faces 34 charges, including six counts of vehicular homicide.

Hamilton County District Attorney’s Office spokeswoman Melydia Clewell says the defense team recently provided the video to prosecutors, who plan to file a response before Thursday.

Information from: Chattanooga Times Free Press,

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