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.

_________________________________

Source: My West Texas (White, 9/21)

'Miracle man' celebrates second chance after DART crash

DALLAS — Jose Sepulveda sits on his porch, even with the temperature rising to more than 100 degrees. He can't stop admiring the view.

"I'm looking at everything," Sepulveda said. "I almost didn't get to see this again."

But seconds later, his feeling of serenity was shattered by the pain raging through his body.

The suffering and the scars on Sepulveda's body are reminders of the afternoon of June 29, when he decided to take the Dallas North Tollway home instead of North Central Expressway. He remembers sitting in traffic on the ramp to Interstate 35, checking his rear view mirror.

He remembers seeing trouble — a DART paratransit van was heading toward his car without any sign of stopping.

"I remember seeing him 10 feet away. It was the worst feeling," Sepulveda said. "I remember I held on to the steering wheel and I just closed my eyes."

When the father and husband woke up, he found his car's rear license plate by his elbow. The car was destroyed. The steering wheel impaled his chest and the back seat crushed his right shoulder and hip.

Firefighters pried open the car to pull him out.

"I remember when they were cutting the car, I was thinking, 'Is this it?' I was gasping for air. I thought my life was over," Sepulveda recalled.

He spent more than three weeks in the hospital. In therapy, he doubled up on exercises. He did everything he could to get better so he can go home to his wife and two children.

His family motivated him at every step. Nurses called him the "miracle man."

"It hurt me real bad, but I'm lucky I'm breathing," Sepulveda said. "I'm lucky that I'm here to see everybody — my wife, my kids, my mom. I'm lucky that I'm alive."

He feels blessed to be home, telling News 8 his entire family is his main source of strength.

For Sepulveda's wife Pollieanna — who is a nurse — the hardest part is seeing her husband in pain, but she's grateful that he survived.

"I just thank God he's alive and that he's here with us," she said. "It's a long road, but we are going to make it together as a family. We have a lot of support."

Sepulveda still needs more surgery and months of occupational, physical, speech, and cognitive therapy. He's determined to give it his all, because he wants to accomplish one goal.

"It hard to see my kids and not be able to pick them up, you know, or hug them because I can't turn around and hug them," he said. "That's what I want to be able to do."

The preliminary crash investigation found that there was no evidence of drugs, alcohol or cell phone use, but it did reveal that the DART driver failed to control his speed and failed to pay attention.

The family has hired Dallas attorney Robert Crain, but no lawsuits have been filed.

Sepulveda is keen to remain focused on his recovery; he doesn't want to dwell on that terrifying afternoon on the tollway one month ago.

"It doesn't serve a purpose to be angry at anyone," he said. "I mean, I got a second chance... I got a second chance at life."

____________________
source: WFAA (Diaz, 7/30)



If you, or a loved one, has been injured in an accident, The Cole Legal Group can help! Contact us for a FREE CONSULTATION. We are eager to help.

When is the most dangerous time to drive?

Texas weather is completely unpredictable, and we have some of the craziest drivers in the urban areas, but also some of the most courteous drivers in the rural areas. But the question is this: when is the most dangerous time to drive?

According to the National Highway Traffic Safety Administration, August is the most dangerous month of the year to drive in, and it turns out, statistically speaking, that Saturday is the most dangerous day to drive. But why is that true?

Some might argue that winter is the most dangerous due to snowfall and icy roads, which often means dangerous road conditions. But sometimes people don't really think about how drivers react to these condition. It turns out most people actually stay indoors and off the roads, and those who do go out for a drive, tend to drive slower under inclement weather.

To where in summer, kids are out of school and people travel. Speed is the single greatest factor to serious car accidents, not so much because of the violation of the posted speed limits but because drivers ignore the weather conditions that call for a lower speed. Car accidents are the number 1 cause of death for people in the ages of 1 and 34. Auto accidents kill more than 40,000 people in the U.S. every year.

In looking at the last 5 years of statistics for traffic fatalities of all vehicle types, the third quarter (July-September) tops numbers for all other quarters for number of vehicular accidents, but in general spring and summer months (2nd and 3rd quarters) are when more accidents occur than in fall and winter months (1st and 4th quarters).

On average, the spring and summer months have 11.3% more fatalities per year than the fall and winter months. The 3rd quarter alone is 5.25% higher than the 2nd quarter (Apr-Jun), 6.64% higher than the 4th quarter (Oct-Dec), but 23% higher than the 1st quarter (Jan-Mar)! So, in opposition to what most people think as the season with the most difficult driving conditions turns out to have the fewest number of fatalities.