MONTEVIDEO – An Uruguayan court ordered that the Argentine bus driver who caused an accident that killed 5 be jailed and put on trial, police said Sunday.

The identity of the 42-year-old driver involved in Saturday’s fatal accident is being withheld.

The bus guard, who had also been arrested, was released.

The presiding judge in the case charged the driver with the crime of “qualified murder ... that resulted in the deaths of five people.”

The investigation of the accident determined that the bus crossed over into the oncoming lane when the driver was trying to pass a truck and crashed head-on into the vehicle in which a Uruguayan couple were traveling with their children – ages 2 and 12 – and their nanny, killing all five people instantly.

The accident occurred on Saturday at Kilometer 532 on National Highway 5 in the province of Tacuarembo.

The deceased family owned a business in the city of Tacuarembo, located 400 kilometers (about 250 miles) north of Montevideo.