Friends, family remember Vista Ridge students killed

CEDAR PARK, Texas -- Two Vista Ridge High School teenagers died after a crash in Cedar Park last night.

Police say 17-year-old Taylar Lesser and 18-year-old Nathaniel Gomez were traveling north on Parmer lane when they crossed over the median and into oncoming traffic. A Volkswagen hit their car. The teenagers died at the scene.

Crowds of people visited the crash site Saturday evening to set up a memorial with balloons, crosses and pictures.

"We found out this morning at 4:00 when we got a knock on the door," said Gomez' mother Michelle Gonzales.

Gonzales described her son as a hard worker. Gomez would have graduated this year.

"I knew it couldn't have been my Nathaniel, but it was," she explained.

Friends know Lesser as the girl with a kind heart.

"She left a mark on Vista and I wanted to make sure that even people who didn't know who she was, knew she was a good person," said her friend Ashley Cooper.

But also friends knew the students together.

"They were the high school couple. Everyone knew them," Cooper said.

They had been dating since 2012. Friends said they rarely saw the couple apart.

"You didn't know them as 'Taylar and Nathaniel,' you knew them as 'Taylar AND Nathaniel,'" Cooper said.

"She was like our daughter. Any get-together we had she was invited, she came. She was part of the family," Gonzales said.

Friends said right now it still doesn't seem real. They won't see their classmates in school on Monday.

"I just was like 'No, it's not happening, not real. I'm going to see her.' And like, I know she's not," Cooper said.

By the end of the night friends sat closer to one another, huddled together around the memorial sharing stories and memories of Taylar and Nathaniel.

"It's extremely comforting and we're glad that he is surrounded by people like this," Gonzales explained.

"I want people to know, she was a great friend," Cooper said.

Friends say they've ordered bracelets to remember the students by. The school principal sent a letter to students and parents saying counselors will be available on campus this week.

Source: KVUE News, "Friends, family remember Vista Ridge students killed," Shannon Murray, January 11, 2013

All lanes of I-30 at Dalrock open after pileup over Lake Ray Hubbard

ROWLETT –– Dallas police say a 23-year-old man was arrested for intoxication assault in connection with a 13-vehicle pileup that shuttered Interstate 30 in both directions over Lake Ray Hubbard before dawn Friday.

Christopher Anthony Sosa was arrested and charged Friday morning, according to a police spokesperson. He was booked into the Dallas County Jail. It's not clear whether Sosa caused the accident –– heavy fog is also suspected to have played a role.

At about 7:50 p.m., more than 16 hours after the crash, all lanes at Dalrock Road were reopened.

While the accident spurred traffic woes for drivers, it also created a problem for some area businesses.

"Everybody nowadays is in a hurry to get somewhere," said Brian Vosburg, an employee at Parkway Car Care, which is located along Highway 66. "And when you get stuck in something like that there are no words to describe it."

Vosburg said on average he works on 12 to 18 vehicles a day. Friday, he worked on three.

The owner of the business said their supplier of vehicle parts was stuck in traffic, which put the business two days behind.

"If I'm not turning wrenches working on cars, I'm not making a whole lot of money," Vosburg said.

TxDOT sent crews to help control traffic on either side of Lake Ray Hubbard and repair the 500 feet of concrete median barrier that was damaged in the wreck, said Tony Hartzle, department spokesman.

“Both directions are going to be shut down for multiple hours; motorists need to find an alternate route around this area just to stay away,” Hartzle said in the midst of the cleanup. “The detours are going to be fairly substantial for the next couple of hours.”

As dawn broke over the lake, Dallas police Sgt. David Conley said the wreck involved six 18-wheelers and seven cars. A total of eight people were taken to Baylor Medical Center with non-life threatening injuries, said Dallas Fire-Rescue spokesman Jason Evans.

One of the 18-wheelers visibly jack-knifed into the median before coming to a stop. A trail of debris was scattered about the four-lane highway behind it. Fog was a likely culprit in the collision, Hartzle said. Not long before the crash, The National Weather Service issued a Dense Fog Advisory that expired at 9 a.m. as visibility in some areas dipped to below a quarter of a mile. The NWS advises drivers to slow down and use their low-beam headlights when driving through fog.

Eastbound drivers were forced to take the Zion Road exit while those headed west took the Ridge Road exit. Both were significantly backed up at 6 a.m., as reported by News 8's Brian Glenn.

Evans said units were called at 3:30 a.m. to help. Hazardous materials crews were on-scene cleaning up vehicle fluids. No one had to be extricated from a vehicle by Dallas Fire-Rescue, Evans said.

A Rockwall Police Department dispatcher says a few units assisted with blocking off the Dalrock Road exit but had no additional information. The Texas Department of Public Safety and the Garland Police Department are also helping investigate.

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Source: WFAA (Goodman, 1/10)

Indictments handed down in fatal crash

A motorist, who crossed onto the wrong side of a highway, resulting in the death of two people in a fiery crash in Bandera County on July 4, has been arrested. Lab reports indicated that Troy Allen Timmins, 38, was apparently driving under the influence at the time of the head-on crash.

On Monday, Dec. 23, deputies with the Bexar County Sheriff's Office arrested Timmins at his mother's house in Bexar County on an outstanding warrant related to a previous narcotics charge, according to Bandera County Sheriff's Office Chief Deputy Matt King. "He's set to be arraigned in Bandera County on Monday, Jan. 6, but that will probably be reset," King said, adding that a felony bench warrant would most likely be issued to ensure Timmins' return to Bandera County.

On Monday, Dec. 2, a Bandera County Grand Jury indicted Timmins on two counts of manslaughter, enhanced.

Because Timmins was allegedly driving under the influence of drugs at the time of the crash, the charges could be elevated to a first-degree felony.

The two-vehicle crash occurred at approximately 8:30 pm, Thursday, July 4, on Highway 16 South, about a half mile south of Timber Creek Road. Carolyn Buck died at the scene and her husband died after suffering a stroke during an operation directly related to the crash.

According to a Texas Department of Public Safety accident report, Timmins was driving north on the inside of the southbound lane coming out of a curve on Highway 16 when he struck the Buck's vehicle traveling southbound.

At that time, it was unknown what caused Timmins to swerve directly into the path of a Ford Expedition driven by Carolyn Buck, 63, of Helotes. However, the DPS accident report also noted that subsequent toxicology results revealed that Timmins had multiple drugs in his system at the time of the crash, including benzodiazepine and amphetamine.

Buck died at the scene and her husband, Ron "Butch" Buck, who was in the passenger seat, was airlifted to the burn unit at the San Antonio Military Medical Center. After several surgeries, he succumbed to massive injuries on July 22.

Timmins was airlifted to University Hospital with unspecified, but non-life-threatening, injuries.

Tragically, the Bucks, who were returning from an Independence Day picnic, were reportedly just minutes from their home when the head-on occurred.

Bandera County Fire Marshal John Stith happened on the grisly scene about "30 seconds after (the accident) happened," according to his estimation. When he arrived, he reported the Expedition was on its side and engulfed in flames with the Bucks trapped inside.

"Attempts made to pull the occupants out were unsuccessful," Stith said. "But, we were able to keep the fire away from them until the firefighters arrived with extrication equipment, the 'jaws of life'." The Pipe Creek Volunteer Fire Department responded to the accident.

Stith and several firefighters were taken to Boerne Methodist and treated for smoke inhalation and minor burns. Buck was pronounced dead at the scene. "It was pretty intense," Stith said of the incident. He later lauded civilians who assisted at the scene.

"The bystanders were able to do the things needed to give people the best chance of survival," he said on Thursday, Dec. 26. "The assistance from the public was incredible."

Stith also singled out for praise Dale Martin with the PC VFD, who also is a firefighter in San Antonio. "It was a tough scene," Stith added.

Texas Department of Public Safety Trooper Chip Aragones handled the initial investigation of the fatal crash.

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Source: Bandera County Courier (Pannebaker, 1/02)

Music video gives look at boy paralyzed in drunk driving crash

KELLER, Texas -- "Blink your eyes if you remember me," said 17-year-old Michael Lane, and his childhood friend Sergio Molina blinked.

It's the only way Sergio communicates. Michael treasures every blink.

"It's heartbreaking. Sergio was such a happy kid, always laughing," Michael said. "Had this electric, outgoing personality."

The two met in middle school. Michael is now a junior at Keller Central High. He's a budding hip hop singer and songwriter. And now he's writing about tragedy.

"Four people are dead and I can't even see remorse. I ain't let out that much tears since my parents got divorced. And they want rehab?" he sings.

Those lyrics are a nod to the 10 years of probation given to 16-year-old Ethan Couch, who was drunk when he was driving a pickup full of teenagers. He plowed into an accident scene, killing the driver of a broken down car and three Good Samaritans who had come to her aid.

Sergio Molina was in the back of the truck. He was paralyzed in the crash.

His family gave Michael permission to use their private moments together in a music video, and also gave us permission to share it.

"The first thing that was on my mind when I started writing it was Sergio," Michael said of the song "Stay," which features Sergio in the video.

The crash was in June, Michael wrote the song in one day, after spending many weeks by his friend's side.

"I was so stressed out, had so many mixed emotions, and had so much going on, that the only way I knew how to keep myself from imploding was to write it," he said. "This has made a huge impact on my life. Up until this point, I've never really had to deal with losing someone -- let alone a friend."

His emotions drove him to wrote another song this week, after the proceedings in juvenile court.

"I had gone and testified on behalf of Sergio and hearing everyone's testimony and all the police statements, I was real -- I was shocked," he said.

"I broke down and cried like a baby," he admitted.

Michael doesn't yet have a video for his newest piece, but the lyrics are powerful alone. They are all about Couch.

"Four people are dead and I can't even seen remorse. I ain't let out that much tears since my parents got divorced and they want rehab?" he sings.

"Can't you see the stuff you've done? Even if they let you walk, this will haunt you. You ain't won."

Michael said he was moved to write about Couch because of his personal experience inside the courtroom.

"We made eye contact one time and that was when I was coming off the stand, and it was almost for like a second or two," Michael explained. "You know you can tell a lot about someone when you look in their eyes."

"Instead of this remorseful, guilty look you'd expect someone to have, his stare was just kind of cold," he said. "Like he was either angry, or he just wasn't there."

Michael's newest song includes one line near the end where he names each victim who died. He didn't know them, but feels like he does, especially after hearing graphic testimony about their violent deaths.

"I know Shelby, I know Holly, and I feel for Breanna. And Brian, in my heart, I want y'all to know you died in honor."

"I mention their names because the love they gave and the memory people have of them will always live on," Michael said.

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Source: KVUE (Woodart, 12/16)

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)

Johnson & Johnson Said to Agree to $4 Billion Settlement Over Hip Implants

Johnson & Johnson has tentatively agreed to a settlement that could reach up to $4 billion to resolve thousands of lawsuits filed by patients injured by a flawed all-metal replacement hip, said two lawyers briefed on the plan.

The tentative plan, which must win court approval, represents one of the largest payouts for product liability claims involving a medical device.

A spokeswoman for the company’s DePuy Orthopaedics unit declined to comment on the possibility of a settlement. An announcement about the plan is expected in the coming days, the lawyers said.

The agreement will include those patients who have already been forced to have the device, known as the Articular Surface Replacement, or A.S.R., removed and replaced with another artificial hip, said the lawyers who spoke about the agreement only on the condition of anonymity.

Under the deal, each patient would receive about $350,000 on average in compensation, though that figure will vary depending on factors like a patient’s age and medical condition.

The precise value of the settlement is unclear because lawyers for patients are still trying to estimate how many of the 12,000 related lawsuits involve patients who had a replacement. Lawyers believe that number may be 7,000 to 8,000 cases.

The final cost of the deal to Johnson & Johnson could rise, depending on how many claimants who received the device undergo replacement operations in the future, the lawyers said. Under the plan, patients who have not had a replacement would not receive compensation, the lawyers said.

The A.S.R. hip was sold by DePuy until mid-2010, when the company recalled it amid sharply rising early failure rates. The device, which had a metal ball and a metal cup, sheds metallic debris as it wears, generating particles that have damaged tissue in some patients or caused crippling injuries.

DePuy officials have long insisted that they acted appropriately in recalling the device when they did. However, internal company documents disclosed during the trial of a patient lawsuit this year showed that DePuy officials were long aware that the hip had a flawed design and was failing prematurely at a high rate.

Many artificial hips last 15 years or more before they wear out and need to be replaced. But by 2008, data from orthopedic databases outside the United States also showed that the A.S.R. was failing at high rates in patients after just a few years.

Internal DePuy projections estimate that it will fail in 40 percent of those patients in five years, a rate eight times higher than for many other hip devices.

It had been long anticipated that DePuy would try to settle the case. Of the two lawsuits that have gone to trial, the company lost one lawsuit and won the other one.

However, it was facing the start of several new trials around the country with the prospect of large damage awards. The outlines of a settlement proposal were reported Tuesday by Bloomberg News.

The hip was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version for use here in standard hip replacements that used the same cup component as the resurfacing device. Only the standard version was sold in the United States; both were sold outside the country.

About 93,000 patients received an A.S.R., about one-third of them in the United States.

Problems with the design first came to light in Australia and England just a few years after its marketing began. But DePuy officials insisted for years to surgeons who complained about that device that patient problems reflected their surgical technique rather than the implant’s design.

Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell existing inventories weeks after the Food and Drug Administration asked the company for more safety data about the implant.

The agency also told the company at that time that it was rejecting its efforts to sell the resurfacing version of the device in the United States because of concerns about “high concentration of metal ions” in the blood of patients who received it.

DePuy never disclosed the F.D.A. ruling to regulators in other countries, where it was still marketing the resurfacing version of the implant.

The head of DePuy’s orthopedic unit, Andrew Ekdahl, oversaw the introduction of the hip and was warned by a company consultant in 2008 that the implant appeared to have a design flaw, according to internal DePuy documents disclosed during a trial earlier this year.

When DePuy recalled the hip in 2010, it announced a program in which it offered to pay the medical costs of a replacement procedure.

All-metal replacement hips like the A.S.R. were once highly popular with orthopedic surgeons who believed the devices would last longer than traditional replacement devices made of plastic and metal. But the metal devices are rarely used anymore because of their high early failure rates.

While the settlement, if approved, would resolve much of the litigation against DePuy involving that device, it continues to face thousands of lawsuits involving another all-metal hip that it no longer sells called the Pinnacle.

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Source: The New York Times (Meieir, 11/12)