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Trucker involved in 2005 band bus crash will appeal jury's finding

A trucker will appeal a jury's finding that he falsified his driving log in the weeks before he was involved in a fatal bus crash in Eau Claire County.

Eric Wilson, the attorney for Michael Kozlowski, says there are several avenues he can pursue for an appeal.

On Wednesday, a federal jury in Madison convicted Kozlowski, 26, on five counts of falsifying his work record.

Authorities said he claimed he was sleeping, when he was actually driving his rig in September and October of 2005.

The National Transportation Safety Board said Kozlowski fell asleep at the wheel on October 16 of 2005, just before his rig jack-knifed on Interstate-94 near Osseo.

And a bus hit the rig, killing five people with the Chippewa Falls High School band.

Before the NTSB finding, Kozlowski was acquitted of 33 criminal charges.

The jury in the driving log case did not hear about the crash.

But authorities said they used it to prosecute Kozlowski and Federal Judge Barbara Crabb will consider it in deciding the man's sentence.

That sentencing is set for July 24. Prosecutors will not say if they'll recommend prison time.

Kozlowski could face up to 25 years. He's free for now. And attorney Wilson says Kozlowski is no longer driving a truck.

Wilson would not say what he's doing at the moment.