Showing posts with label dwi victims. Show all posts
Showing posts with label dwi victims. Show all posts

Monday, August 5, 2013

Warrant issued for bar patron in fatal DWI

Montgomery County officials issued an arrest warrant for a man who allegedly gave drinks to an already intoxicated 24-year-old Nicole Baukus before she drove away from a bar and caused a fatal accident.

Baukus, who pleaded guilty Thursday to two counts of intoxication manslaughter and one count of intoxication assault in the July 29, 2012, accident, was sentenced Friday to 38 years in prison.

After a night of drinking at a bar then called On the Rox, Baukus drove her pickup the wrong way on Interstate 45, colliding head-on around 2:50 a.m. with a Chevrolet Aveo near FM 242. The crash killed Nicole Adams, 19, and Travis Saunders, 18, and injured David Porras, now 23.

As an outgrowth of the trial, a warrant was issued Friday for Kambiz Michael Duran, 29, who is in the Harris County Jail after pleading guilty last month to possession of marijuana. On July 10, he was sentenced to 180 days in a state jail.

Harris County online records show that a hold from Montgomery County was placed on the Spring resident Friday, meaning that before Duran is freed, Montgomery County will have the opportunity to detain him.

Duran, a fellow bar patron, was seen on surveillance video giving Baukus a few drinks toward the end of the night, but authorities didn't know his identity, said Assistant District Attorney Warren Diepraam, co-prosecutor for the case.

"We could see him giving her drinks in the video but nobody would identify him," Diepraam said. "It was only during the trial when witnesses started testifying (that we learned his name)."

The same statute that makes it illegal to sell drinks to an intoxicated person also prohibits giving alcohol to someone who has already consumed too much, Diepraam explained.

On the Rox was cited for over-serving a customer and had its license suspended from Feb. 27 to March 28, according to the TABC. Since then, the bar's insurance company has agreed to a $1 million settlement for over-serving a patron.

The money is to be divided among Porras and the estates of Adams and Saunders.

Oscar Williams, a Texas Alcoholic Beverage Commission agent based in Conroe, testified during the trial that Baukus drank 17 shots and four beers. Most of the shots were a mix of bourbon, Red Bull and either peach schnapps or watermelon schnapps, William said.

Baukus and Duran apparently ran into each other at the bar, rather than arriving together, Diepraam said. He said he didn't know if the two were acquainted previously.

The bar is now known as the Flying Pug Sports Pub, according to the alcoholic beverage commission.

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Source: Chron (Christian, 8/03)

Monday, July 8, 2013

The human cost of drunk driving in Texas

Approximately every 20 minutes, there is an alcohol-related car crash in Texas. Each one of the 1,170 deaths caused by drunk driving in Texas last year were represented by an individual flag in front of the Gerald D. Hines Waterfall by Williams Tower Wednesday, June 26, as the Texas Department of Transportation held a press conference announcing the launch of facesofdrunkdriving.com, a website that shares the stories of more than a dozen people whose lives and families were irreparably altered by a person who chose to get behind the wheel after consuming alcohol, as well as the agency’s support of the “no refusal” activities conducted by law enforcement across the state this holiday weekend.

“There were more than 25,000 alcohol-related crashes in our state in 2012,” said TxDot Spokeswoman Raquelle Lewis during opening remarks. “The numbers alone can’t describe the impact of these crashes on individuals and their families.”

Dennis Pennywell was the first to speak after Lewis, accompanied to the podium by his wife Kae and son Jack. The Pennywells know the toll that drunk driving takes on families as well as anyone. On June 25, 2011, 20-year-old Aaron Pennywell was driving home through Cypress from a late-night dinner at Whataburger when a drunk driver with a blood .241 alcohol level — over three times the legal limit — slammed into his car. The drunk driver survived; Aaron did not.

The totaled Mustang Aaron was driving that night was on display in front of Williams tower, serving as a grim reminder of drunk driving’s dire consequences.

Since investigators couldn’t conclusively determine who ran the red light where the crash occurred, Michael Giacona, the drunk driver, received only about 90 days in jail for a second offense DWI charge. He received shock probation on the condition that he spend four consecutive Saturdays on a street corner bearing a sign stating, “I killed Aaron Coy Pennywell while driving drunk.” After one Saturday, Giacona argued that holding the sign put his personal safety at risk, and the judge remanded him back to jail. After another few days he was released, Pennywell said.

“The truth is though, he’ll have to live with knowing that he killed an innocent young man because of driving drunk,” Pennywell said. “As a result of the crash, we had to immediately organize and pay for a funeral, something a parent shouldn’t have to do. There is enough disease and enough other reasons for parents to have to bury their child; drunk driving is 100 percent preventable. We had to learn a whole lot more about our justice system than we ever cared to know. We’ve spent a lot more time in the courthouse than we ever cared to spend. And we have to see that empty space at special occasions — Christmas, Thanksgiving, Fourth of July, birthdays — Aaron’s not there, it’s an empty chair.”

Will Womble, chair of the Mothers Against Drunk Drivers (MADD) Houston chapter, took the podium to praise the benefits of the “no-refusal weekend” a program that gives law enforcement the authority to force suspected drunk drivers to submit to intravenous blood-alcohol testing if they refuse a breathalyzer.

“MADD supports the no refusal program,” Womble said, “and is proud to say that statistics show that over the last few years with the incorporation of no refusal programs in and around our community, the effects of drunk driving have gone down.”

Harris County Sheriff Adrian Garcia spoke next, flanked on both sides by deputies to accentuate the point that the crime of drunk driving is taken extremely seriously by his office. He said his staff will be on the lookout this holiday weekend, as well as year-round, for anyone unwilling to abstain from alcohol consumption before operating a vehicle.

“We have a jail cell ready for you if … you’re too proud to have a designated driver,” Garcia said. “We have plenty of designated drivers at the Harris County Sheriff’s Office to drive you to jail. And we will. Because the faces of drunk driving can’t be made any more clear than what you heard from the Pennywell family [or] from the fact the MADD had to come into existence.”

HPD Capt. Larry Baimbridge expanded upon Garcia’s remarks, elaborating on the activities of HPD traffic enforcement division officers whose sole target are drunk drivers.

“These guys are tasked with looking for, detecting and arresting drunk drivers,” Baimbridge said. “That’s their sole job, that’s their sole goal in the Houston Police Department … and they do a very good job of it. So the message here is clear: drive sober, find a safe ride home. It’s simply not worth the risk.”

Jeff Kaufman, the Houston-Galveston Area Council’s transportation program coordinator, told those in attendance how H-GAC received a step grant for smaller law enforcement agencies in the area to qualify for funding to conduct their own drunk driving enforcement efforts, a task force which Kaufman said has now grown to 15 agencies.

“As of Memorial Day weekend, we’ve conducted three waves,” Kaufman said. “This is a pilot project, this is something that hasn’t been done regionally or for the state, but we’ve made 115 arrests for suspected DWIs over these three weekends. DWI is easily avoidable, just don’t’ drink and drive. Get a designated driver, don’t overdo the celebration, just be responsible. Because it’s really not worth risking other people’s lives, it’s not worth risking time in jail.”

Though the efforts of these different agencies won’t bring back Aaron Pennywell — whose story is one of many on facesofdrunkdriving.com — his parents are hoping that by relating the senseless and tragic nature of their eldest son’s death, at least something positive will come from the abrupt end to Aaron’s life.

“Mainly it’s to tell these [people to] make choices when you are going to drink,” Kae Pennywell told Houston Community Newspapers. “Get a cab, call a friend to come pick you up, sleep it off, have a designated driver.


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Source: The Rancher (Haverkamp, 7/2)

Monday, July 1, 2013

Victim of DWI accident shakes hands of officers making a difference

SMITH COUNTY, TX - On Friday, fourteen East Texans were awarded for their dedication to putting an end to drunk driving in Smith County.

The award ceremony took place at the Holiday Inn off of South Broadway in Tyler.

Mothers Against Drunk Driving of East Texas handed out five different types of awards: judiciary and prosecutorial service, leadership, DWI education and outstanding service.

At the end of the banquet, Amie Jo Robinson shook the hands of law enforcement officers recognized for their commitment to the fight against drunk driving.

In 2000, Robinson said she and her two-and-half year old daughter were hit by a drunk driver in Gladewater.

"She passed away while I was holding her. My daughter ShiAnn. That wasn't fair, basically. So, if we can stop it then that's a good thing," Robinson said.

Among those officers was Sergeant Blake Lockhart with the Tyler Police Department, awarded by MADD for his leadership in the county.

He said he cannot begin to count how many people he knows who have been affected by drunk driving.

"No, I couldn't even begin to estimate. It's something that's so preventable and that's why we need to work harder to tackle the issue," Sergeant Lockhart explained.

And as law enforcement, prosecutors, and judges work diligently to take unsafe drivers off the streets, these mothers work to get through each day.

For Robinson, part of that healing process was visiting the man who took the life of her little girl.

"I actually visited him last summer in the prison and he, for the first time, he said he was sorry and I forgave him," Robinson said.

With a holiday along with "No Refusal" weekend right around the corner, Sergeant Lockhart wants to remind drivers of one thing.

"The worst thing that can happen if you drink and drive is not that you get a DWI, the worst thing that can happen is not that you kill yourself, the worst thing that can happen is that you kill a family of four and you live," he said.

Several East Texas police departments have declared this July 4th, a "No Refusal" holiday. That means, if you are stopped for drunk driving and refuse to provide a blood sample or breathe sample, an immediate search warrant will be sought and a blood sample will be obtained through that warrant.

For participating departments, "No Refusal" will run through July 6th.

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Source: KLTV (Sanders, 6/28)

Friday, May 17, 2013

Texas senator says 0.05 blood alcohol limit ‘not realistic’

Don’t expect Texas’ legal blood alcohol limit for drunken driving to fall to 0.05, at least not while state Sen. John Whitmire, D-Houston, is still running the Senate Criminal Justice Committee.

“It’s just not realistic, if you’re going to drink at all,” said Whitmire, who was chairing that same committee in 1999 when Texas joined a nationwide movement and lowered the limit from 0.1 to the current 0.08. A woman weighing 120 pounds or less can reach a 0.05 blood alcohol limit with just one drink, studies show.

Meanwhile, the Texas office of Mothers Against Drunk Driving said a 0.05 limit would save lives in the long run.

The National Transportation Safety Board staff recommended the lower threshold as one of several recommendations aimed at reducing drunken driving.

Angela Tidwell, law enforcement program specialist for the Texas office of MADD, said the recommendation isn’t aimed at stripping people of their right to drink.

“We’re not trying to be prohibitionists,” she said. “We just want everyone to get home safe.”

Austin Police Chief Art Acevedo said in a statement Tuesday the idea was worth exploring, but he stopped short of endorsing it.

“APD is aware that this issue is being discussed at the national level,” Acevedo said. “It is a standard that has been adopted in other Western nations and an issue worthy of robust exploration and debate.”

Whitmire said that those campaigning in 1999 for the 0.08 blood alcohol content threshold said that would be as low a limit as they would seek. The lobbyist for MADD, Whitmire said, told him “you’re not going to see us again on this.”

What needs to happen, he said, is more education about the dangers of driving while intoxicated, and encouragement for people to use a designated driver. Whitmire said, only half-jokingly, that setting the limit at 0.05 would have the effect of criminalizing mouthwash.


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Source: Austin American-Stateman (Chang, 5/14)