Teen sentenced to 10 years probation, rehab in 4 deaths

FORT WORTH — A Keller teenager who pleaded guilty to driving drunk and causing collisions that killed four people in June was sentenced Tuesday to 10 years probation.

State District Judge Jean Boyd ordered the 16-year-old to receive therapy at a long-term, in-patient facility. He will stay in Tarrant County juvenile detention until the juvenile probation department prepares a report about possible treatment programs.

If the teen violates the terms of his probation, he could be sent to prison for 10 years.

Prosecutors had asked that the youth be sentenced to 20 years in a state lockup.

Defense attorneys recommended a lengthy probationary term at a rehabilitation facility near Newport Beach, Calif., that can cost more than $450,000 a year. Attorneys said the teen’s parents would pay for the therapy.

The 16-year-old pleaded guilty last week to four counts of intoxication manslaughter and two counts of intoxication assault causing serious bodily injury. Killed were Breanna Mitchell of Lillian, whose car broke down the night of June 15 on Burleson-Retta Road; Hollie and Shelby Boyles, who lived nearby and had come outside to help Mitchell; and Burleson youth minister Brian Jennings, a passer-by who had also stopped to help.

The teen admitted to being drunk when he lost control of his pickup. He had seven passengers in his Ford F-350, was speeding, had a blood-alcohol level three times the legal limit, plus traces of Valium in his system, according to earlier testimony.

The teen elected to have Boyd sentence him.

The Star-Telegram usually does not identify juvenile defendants.

Two teens riding in the bed of the teen’s pickup were critically injured. Solimon Mohmand had numerous broken bones and internal injuries. Sergio Molina remains paralyzed and communicates by blinking his eyes, according to testimony last week.

Scott Brown, an attorney who represented the teen with Reagan Wynn, said the teen could have been freed in two years if Boyd had sentenced him to 20 years.

“She fashioned a sentence that could have him under the thumb of the justice system for the next 10 years,” Brown said.

Richard Alpert, a Tarrant County assistant district attorney who prosecuted the case with Riley Shaw, said they were very disappointed with the verdict.

In his closing statement, Alpert said that if the teen continues to be insulated by his family’s wealth, as had happened before, he would be involved in another tragedy in the future.

“There can be no doubt that he will be in another courthouse one day blaming the lenient treatment he received here,” Alpert said.

In delivering the sentence, Boyd told the victims’ families in the packed courtroom that there was nothing she could do that would lessen their pain. And she told the teen that he, not his parents, is responsible for his actions.

Boyd said that she is familiar with programs available in the Texas juvenile justice system and is aware that he might not get the kind of intensive therapy in a state-run program that he could receive at the California facility suggested by his attorneys. Boyd said she had sentenced other teens to state programs but they never actually got into those programs.

Families’ reactions

Eric Boyles, who lost his wife and a daughter in the collision, said there was a lot of disappointment in the room where the victims’ families gathered after Boyd announced the sentence.

“Money always seems to keep [the teen] out of trouble,” Boyles said. “Ultimately today, I felt that money did prevail. If [he] had been any other youth, I feel like the circumstances would have been different.”

Marla Mitchell, whose daughter was killed, said: “He’s not free. None of us knows what God’s plan is. He has not escaped judgment. That is in the hands of a higher power.”

Shaunna Jennings, whose husband was killed, said her family had forgiven the teen, but that did not mean he should not be punished.

“You lived a life of privilege and entitlement, and my prayer is that it does not get you out of this,” Jennings said. “My fear is that it will get you out of this.”

Emotional age of 12

Earlier Tuesday, a psychologist testified that the teen essentially raised himself.

His parents had a volatile and co-dependent relationship, and had a contentious divorce, said Gary Miller, who began evaluating the teen on the day he was released from a hospital after the wreck.

The parents argued often, which the teen witnessed, Miller said.

The teen’s father “does not have relationships, he takes hostages,” Miller said. Miller described the mother as a desperate woman who used her son as a tool to get her husband to act the way she wanted.

The mother gave the teen things, Miller said. “Her mantra was that if it feels good, do it,” Miller said.

The teen’s intellectual age was 18, but his emotional age was 12, Miller told Boyd.

“The teen never learned to say that you’re sorry if you hurt someone,” Miller said. “If you hurt someone, you sent him money.”

Miller said if the teen can get the help that he needs, perhaps he can become a contributing member of society and make amends for the pain he caused so many families.

“This kid has been in a system that’s sick,” Miller said. “If he goes to jail, that’s just another sick system.”

As a child, he had to make adult decisions, Miller said. He had a motorcycle when he was 4 or 5 and was driving large pickups at 13, Miller said. The teen was a high school graduate at 16, but could not say where he went to school, where he went to church and had no friends, Miller said.

His parents never taught him the things that good parents teach children, Miller said.

“He never learned that sometimes you don’t get your way,” Miller said. “He had the cars and he had the money. He had freedoms that no young man would be able to handle.”

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Source: Star-Telegram (Mitchell, 12/13)

Ending drunk driving is goal of MADD's Jingle Bell 5K

AUSTIN -- In an attempt to remember those impacted in the kind of accident that can change lives forever, the Mothers Against Drunk Driving Jingle Bell 5K brought more than 600 runners and walkers to the Domain in Austin.

"This kind of event gives people the opportunity to heal," said Jaime Gutierrez, the Executive Director of MADD Texas. "It gives the opportunity for us to make the public aware of the dangers of drinking and driving."

MADD said that in 2011 between Thanksgiving and New Year's Eve, intoxicated driving was to blame for 931 deaths nationwide.

That's 931 too many, according to Mark Huber. He said these days, drinking and driving is no longer a mistake, it's a choice.

Huber called his 12-year-old daughter Jessica a "miracle." Jessica survived a horrific drunk driving accident in 2002, when her mother ran a red light on Highway 290 and collided with a truck. The then 19-month-old was hurt so badly, doctors told Huber they would not be able to save her.

Since the accident, Jessica had several facial reconstruction and brain surgeries, and there's still so much left to do.

"The nightmare never goes away," Mark Huber said. "11 years later, she still is going to require another facial reconstruction. That's titanium plates in her forehead, rebuilding her left cheekbone. It's financial. It's emotional. It's physical. The nightmare never goes away and it need not happen."

MADD helped Huber get Jessica's mother convicted of DWI.

As the bells worn by runners in the group's Jingle Bell 5K reminded racegoers of the holidays, Mark brought Jessica to the race to remind people that the choices they make can have a real impact; especially on the ones they love.

"It's not a matter of 'if', it's a matter of 'when'. It's going to happen to somebody you know. It could be in your own house. No child deserves this. No parent deserves to spend the holidays in the hospital with a child that need not be there," Huber said.

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Source: KHOU (Shively, 12/01)

Midland teen faces harder penalties for fatal hit-and-run crash following law change

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)

New Texas law: Paramedics can do blood draw on scene for DWI suspects

Starting Sunday, a new state law has taken effect in Texas to make it easier for the long arm of the law to catch up with drivers who have had too much to drink.

The new law, passed this spring by the Texas Legislature, says that if officers think alcohol played a factor in a crash, paramedics at the scene can draw your blood.

The law comes just in time for Labor Day weekend, a holiday when many folks are going to drink -- and some may try to drive.

"In the last legislative session, the legislation addressed an issue of whether EMTs could take blood in relation to intoxication behind the wheel, be it an accident issue or an arrest," said Susan Reed, Bexar County district attorney.

The change came from a state court opinion from years ago.

"Now in Bexar County, what that means is we have already established a system of taking blood and doing blood warrants and DWIs."

Now, add paramedics to that.

"We could develop a system of mobile units, using EMTs to do that," she said. "But remember, it is still the circumstance of having the sanitary place."

But at the end of the day, the DA says it's a good move -- especially for Labor Day weekend.

"It actually gives us more options and more ability to do warrants and do blood draws in relation to DWI."

The new law will allow 6,000 paramedics across the state to draw blood if the police at the scene ask for it.

More patrols will be out looking for impaired drivers for the holiday weekend. The Texas DPS is increasing DWI patrols through Sept. 9.

Last year, DPS troopers made nearly 2,000 DWI arrests.

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Source: KVUE (Cooper, 9/1)