A Midland teen arrested for fleeing the scene of a fatal wreck a week ago faces harsher penalties because of a new law that went into effect on Sept. 1.
Fernando Alvarado, 18, posted a $65,000 bond and has been released on a felony charge of failure to stop and render aid. When he was arrested, he was booked on a third-degree felony charge, but the charge has since been refiled as a second-degree felony.Before Sept. 1, leaving the scene of a motor vehicle accident resulting in the death of a person and failing to render aid was a third-degree felony. But under Texas Senate Bill 275 the charge now is second-degree felony, according to the Department of Public Safety.
The bill unanimously passed in the Senate on April 2 and unanimously passed in the House on May 4.
A second-degree felony charge carries a punishment of two to 20 years in prison, while a third-degree felony charge carries a penalty of two to 10 years. Both charges carry an optional fine of up to $10,000,
Midland County Sheriff Gary Painter said motorists involved in crashes commonly flee the scene because of drug possession, alcohol consumption or outstanding warrants.
He also said motorists might leave the scene of an accident because they are scared and don’t know what to do.
“It’s the wrong thing to do, but they do that,” Painter said.
He said motorists involved in a vehicle crash should remain at the scene and call 911 or flag down a passing driver so that they can call for emergency services.
Lt. Ray Leible said the Midland Police Department’s case load for hit-and-run crashes has so increased that there is an officer designated solely to those cases.
That investigator, Officer Kenneth Callahan, said there have been 382 hit-and-run wrecks this year. Of those crashes, two people suffered incapacitating injuries, 16 suffered non-incapacitating injuries and 24 suffered possible injuries, Callahan said.
The Sept. 15 wreck, which was the 35th fatality in 32 wrecks on roads inside Midland County this year, was the third fatal hit-and-run crash this year, according to Reporter-Telegram records.
The most recent crash occurred at about 3:56 a.m. Sept. 15 near the Stripes convenience store in the 2400 block of South Rankin Highway.
A pickup, driven by Alvarado, was leaving the store parking lot to head south on Rankin Highway when it was struck by a southbound SUV, driven by 28-year-old Noah Alexander Flemister, according to previous reports.
Both vehicles were forced off the roadway, causing the SUV to roll over. Flemister, who was not wearing a seat belt, was ejected. He was transported to Midland Memorial Hospital, where he died, according to previous reports.
Alvarado fled the scene and abandoned his pickup in the 2100 block of Belmont Street before fleeing on foot. Police arrested him in the 900 block of South Weatherford Street, according to previous reports.
Other fatal hit-and-run crashes in 2013 on Midland County roads:
-- Midlander Stefanie Moore, 22, was traveling south on Midkiff Road when she hit a 35-year-old Midland woman, who was walking east in the roadway on the south side of the intersection at Wadley Avenue, according to previous Reporter-Telegram reports of the May 17 incident.
The investigation showed the pedestrian did not have the right-of-way at the time of the incident, according to previous reports.
Moore fled the scene and the victim was transported to Midland Memorial Hospital, where she died.
Moore called to report an unrelated accident, and after an investigation she was identified as the driver in the hit-and-run. She was found to be intoxicated and was arrested on a second-degree felony charge of intoxication manslaughter with a vehicle, according previous reports.
If convicted, Moore faces up to 20 years in prison.
-- A 44-year-old Midland man was westbound on a motorcycle on Front Street when an eastbound SUV, driven by 30-year-old Damien Duron, of San Angelo, turned north and collided with the motorcyclist, according to an officer at the scene of the May 25 crash.
The motorcyclist, who was wearing a helmet at the time of the collision, was pronounced dead at the scene, according to MPD.
Duron fled on foot, leaving a 13-year-old passenger at the scene. Police found him a few minutes later in the 700 block of North Tilden Street. He had drunk five beers before getting behind the wheel, according to his arrest affidavit.
Duron is being held at Midland County Detention Center on a $300,000 bond for a was charged with a second-degree felony charge of intoxication manslaughter with a vehicle.
If convicted, he faces up to 20 years in prison.
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Source: My West Texas (White, 9/21)
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