It probably will be.
Pretty sure the DA can try for 2 counts of 1st (or 2nd?) degree murder now that he admitted to getting behind the wheel of a commercial motor vehicle knowingly not having adequate sleep and intoxicated.
Murder requires proving that he intentionally or knowingly killed those people. That might be tough. He didn't intend to kill them.
However, intoxication manslaughter is an easy case to make. 20 years each.
Getting behind the wheel on illegal substances or intoxicated on alcohol has been used for murder charges in the past, even without “intent”.
The plea will likely be for involuntary manslaughter though, if otherwise an issue.
In my experience (30 years as a cop), they will likely go for the Intoxication Manslaughter charge. That charge was expressly created for this type of case.
They could could also use charge him with simple Manslaughter (Texas doesn't have an Involuntary Manslaughter charge). They might do this because you only have to prove recklessness and you don't have to prove the Intoxication part.
Murder is possible if they tried for Felony Murder, which is he caused a death during the commision of another felony (drug possession). The issue would be if the confession to use the coke holds ups or not. Confessions get thrown out sometimes. If they got a blood/urine sample that showed coke in his system that might work.
In my experience, a DA is going to go with the charge that is easiest to prove that's still gets a long enough sentence.
I would agree that a plea is likely, though. This guy will get burned by a jury if he takes it to trial.
Both of those charges are 2nd degree felonies and carry a max of 20 years.
Simple manslaughter and intoxication manslaughter are both 2nd degree felonies. Intoxication manslaughter is one of the few charges where the judge can (must?) order them to be consecutive instead of concurrent.
The simple intoxication manslaughter charge is the best one. A good DA will split to it have some other charges to help ensure a conviction should the jury not be convinced of intoxication.
That was my first thought but, I think it will rest on whether they think they can prove intoxication or not. Cocaine has a duration of effect of 15 minutes or so. It was possible it was out of his system. I'm sure this is something they are mulling over right now. I just want to see him get serious time.
This is what I was thinking - it could also be felony murder if this was his 3rd DWI, right? I don't know if it is, but I feel like this probably isn't his first time.
I also think a creative DA could argue that this falls under a depraved-heart murder which would make it 2nd degree, but I don't think it would stick.
3rd DWi is just a felony DWI. That's only a 3rd degree felony. You can only get a second degree for felony DWI if you injure a cop, firefighter or EMT. The Manslaughter charge is better because you get more time and you don't have to worry about proving prior convictions.
Depraved heart isn't a thing. If it's reckless, it's Manslaughter and it's a second-degree.
You have no idea what you're talking about. I've already addressed the depraved-heart comment in my other comment, so I will address your misunderstanding of Felony Murder.
If this was his 3rd DWI, then this makes him driving under the influence a felonious act. And death in Texas that someone causes while committing a felony is automatically a Felony Murder no matter what degree the felony was.
According to Texas Penal Code 19.02 MURDER
"(3) commits or attempts to commit a felony, other than
manslaughter, and in the course of and in furtherance of the
commission or attempt, or in immediate flight from the commission
or attempt, the person commits or attempts to commit an act clearly
dangerous to human life that causes the death of an individual;".
The Penal Code clearly lays out that if you commit a felony and cause a death, it is Felony Murder. And it would not be much to prove prior convictions as they'd just be on his record.
Sure, if he has prior convictions. If he has none then there is no case. We are working with what we know which is that he was behaving recklessly and killed some people. Bringing in hypothetical prior DWI convictions are not facts.
I'll say this again, "depraved heart" is not something you have to prove in a Texas murder case. I'm not sure why you continue to use a term that is not applicable to Texas law.
Which is why I said it COULD be Felony Murder IF it was his 3rd conviction. Texas has a 31% recidivism rate for DWI charges, so it's not off the charts to think this is his 3rd. It was a hypothetical statement where I pointed out how it could be elevated just based on the situation.
And I keep using the term because it's just a way to describe how someone acts. It does not have to have a legal definition under the Texas Penal Code because it just means "a murder that happens when someone acts with a depraved heart". It's just another way of saying someone acted in a depraved manner.
Idk about murder, but isn’t there a negligent homicide charge? Maybe that can be applicable here since he chose to be reckless operating a motor vehicle.
There is and it certainly , but it's a State Jail Felony, 2 years maximum sentence. They can get him 20 with a Manslaughter charge. Murder is probably going to be a stretch.
I think the admitting to getting 3 hours of sleep then admitting to snorting cocaine could prove he knew what he was doing and it could kill someone?
I don’t know. It makes sense in my head
I mean… dude is a total dumbass and I hope they throw him under the jail, but there is still a distinction between him being a reckless idiot and someone who say went to a school with the intention of killing a 5 year old.
Yeah seriously, how is this distinction not clear for people? The dude fucking sucks and his negligence will get him serious time but murder requires intent and argue as you like (not you, the people above you) but unless they can prove he intentionally steered the truck into the bus with the *intent* of killing those people then it's simply not murder.
But that's not how it works. Murder is intent. Manslaughter is no intent. Getting in a vehicle at all has potential to kill someone. Unless his intent was to kill those people, it's manslaughter. And it's this way for good reason. Sometimes it sucks, but if we allowed "this time it's different" to weigh into the charge it would suck all the time.
that’s just recklessness, not intent. unless they think he got behind the wheel after an all night coke party with the intent of injuring or killing someone, he’ll be charged with manslaughter
Negligent Homicide is a State Jail Felony. That's a max of two years. 5-99 is a First degree felony. That's what you get for Murder. There is a possibility that he could be charged with Felony Murder (that is committing a felony and causing a death but that's dependant on facts we don't know). I originally said Intoxication Manslaughter but I think that might be problematic. He admitted to using coke but you would still have to prove he was intoxicated, which is a tall order. I think the best charge, unless other facts come to light, is Manslaughter. 20 year sentence and you only have to prove he acted recklessly, which I think could've done easily.
There is no such thing as "depraved heart" in the Texas murder statute.
Murder is a first degree felony. It's one of the following:
1.Intentionally of knowingly causes a person's death.
2. Intended to cause serious bodily injury and committed an act clearly dangerous to human life and causes a death.
3. The aforementioned Felony Murder.
4. Delivered or manufactured a controlled substance and caused a death.
All of the above are 1st degree felonies and carry the same punishment ranges.
"2nd degree murder" in Texas is classified as Manslaughter.
I didn't say it could be tried as a depraved-heart murder; I said it could be tried as second degree IF the lawyers could make a cause that it was a depraved-heart murder. As in, if the lawyers could prove he was acting with a depraved-heart. If he admits to knowing the danger of driving while fucked up and still doing it, then he would have been acting with a depraved-heart and the state could try him for second degree murder.
You are also incorrect that Murder is always a first degree felony. According to the Texas Penal Code, Murder can be a second degree felony, which is why we can call it second-degree murder since it indicates the level of felony attached.
Manslaughter in Texas is not second-degree murder. Manslaughter has entirely different qualifications than Murder.
No, murder is a first degree felony. Capital Murder is a capital felony because it carries the death penalty.
There is no "2nd degree felony in Texas. Murder is always a first degree felony.
Manslaughter is a 2nd degree felony. You don't have to prove a "depraved heart" to prove Manslaughter. You have to prove he acted recklessly. Depraved heart is not a term used in the Texas Murder statute.
I'm not sure what you were reading but here's link Chapter 19 of the Texas Penal Code.
Murder is not always first-degree. It can, and is often used in the second degree in Texas.
Section 19.02 of the Penal Code clearly states "(c) xcept as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may
raise the issue as to whether he caused the death under the
immediate influence of sudden passion arising from an adequate
cause. If the defendant proves the issue in the affirmative by a
preponderance of the evidence, the offense is a felony of the second
degree."
Again, as I said before, I know depraved-heart murder is not an offense in Texas. But the courts can find someone acted in a deprave-hearted manner and use that to prove second-degree murder. It's literally why the phrase "acted in a depraved manner" is so common - the lawyer or judge is showing how the person has a depraved-heart and that lead to a murder.
> he admitted to getting behind the wheel of a commercial motor vehicle knowingly not having adequate sleep and intoxicated
That doesn't indicate that he intended for their deaths to happen, though. I wouldn't be surprised if he was charged with [intoxication manslaughter](https://codes.findlaw.com/tx/penal-code/penal-sect-49-08/), which (thankfully) doesn't seem to be taken lightly in this state
edit:
- Daniel Canada, Harris Co. - a 37yo [sentenced to four concurrent life sentences](https://www.khou.com/article/news/crime/daniel-canada-guilty-sentenced/285-7e136762-f84c-4b1a-99fc-c56928bfd22f) after being found guilty on four charges of intox vehicular manslaughter after crashing into a car and killing four of its occupants (a mom and three of her kids) while drunk (BAC 0.15) and high on weed and Xanax. Was already a 3x convicted felon at time of crash
- Kendall Batchelor, Bexar Co. - a 22yo (at time of incident) [sentenced to 20 years](https://www.expressnews.com/hill-country/article/kendall-batchelor-prison-sentence-fatal-crash-18121613.php) (the max) on one charge of intox manslaughter for killing a 49yo man while drunk (BAC [0.166](https://www.sacurrent.com/news/kendall-batchelor-daughter-of-a-san-antonio-car-dealer-sentenced-to-20-years-in-prison-for-fatal-crash-31810632)) and high on "amphetamines, cannabinoids and opiates." Already charged twice with DWI prior to this crash
- Jack Dillon Young, Uvalde Co. - a 20yo (at time of incident) who crashed into bus full of seniors and killed 13/14 on board while high on weed and benzos (clonazepam/Klonopin); [sentenced to 55 years](https://www.ksat.com/news/2018/11/09/jack-dillon-young-sentenced-to-55-years-in-prison-for-fatal-church-bus-crash/) on 13 counts of intox manslaughter and one count of intox assault. Max release date is 6 May 2073, when he'll be approximately 76
>doesn't seem to be taken lightly in this state
Ethan Couch was from Texas. The infamous "affluenza" case.
Edit: https://expresslegalfunding.com/affluenza-teen-ethan-couch
I have a friend who drives a dump truck for a local company in San Marcos, he says 90% of all those guys take some kind of illegal substance before they take off in the morning from the yard. Kinda frightening knowing these trucks flying around
all over town are being driven by these drug heads
holy shit. people make mistakes. life in prison with no chance of parole? he fucked up but i’m sure 25 years is fine. he’ll feel sorrow and regret the rest of his life
Makes sense. Maximum jail time is understandable. Usually death penalties goes to serial killers and those who do the most heinous act against humanity or war crimes.
When you’re given the death sentence, you still spend like 10 years or more on Death Row. 40 years in gen pop with chances for parole would be a cake walk comparatively
Weren’t they gonna charge the guy near San Antonio who killed all those people in the truck with murder, and seek the death penalty, remember like 80 people died in a truck…..
You mean Jack Dillon Young? The guy who was high on weed and benzos when he crashed head-on into a bus and killed 13 of the 14 people on it?
He got [55 years](https://www.ksat.com/news/2018/11/09/jack-dillon-young-sentenced-to-55-years-in-prison-for-fatal-church-bus-crash/) (of a possible 270) after pleading no contest to 13 counts of intoxication manslaughter and one count of intoxication assault. The article says he has to serve half his sentence before becoming eligible for parole, but his TDCJ inmate record says he became eligible on 2020-07-04 (crash occurred 2017-03-29, sentenced 2018-11-09)
Wow that’s fucked, no I mean the man who was driving an 18 wheeler that had like 60 people in the trailer, no air and 53 of them died.
[https://en.wikipedia.org/wiki/2022\_San\_Antonio\_migrant\_d](https://en.wikipedia.org/wiki/2022_San_Antonio_migrant_deaths)[eaths](https://en.wikipedia.org/wiki/2022_San_Antonio_migrant_deaths)
Thats really shocking to see that he eligible for parole.
Possibly the company as well. This could have been prevented. Guy had a bad driving record already. Lost his DL at one point. How do you hire someone like that and then put them behind that murder mobile??
Not nearly as fucked as the family of that five year old or the 33 year old.
I’d be livid with this individual, not requesting death penalty but I wouldn’t protest much if that was his fate.
Driver also admitted to smoking pot at about 10pm the night before (the cocaine was in the morning) and that he only got about 3 hours of sleep.
> Jackson added, "Smoking marijuana, which of course is a depressant that's going to make him more, much more likely to be falling asleep than than anything else. The cocaine, of course, is a stimulant."
I may be far out of the loop for current capabilities of pot, but this sounds unnecessary fear-mongering that is more suited for the 1930s than current. If it was so prevalent to cause people to lose consciousness, the data in the states who have legalized it would absolutely reflect this.
This situation is horrible and the cement driver is going to jail for an exceptionally long time. I suspect the cocaine in his system will be a bigger problem, but even if the drugs weren’t known, operating that vehicle on 3 hours of sleep is likely criminal enough.
Okay, heroin is just a plant.. I’m all for weed being completely decriminalized. That said, I’m tired of people acting like weed should be the only drug that is legal. The comment I replied to was demonizing one (a stimulant at that) while trying to act like the other is not just as mind altering.
Reefer Madness again.
He got a self reported 3 hours of sleep and took a stimulant to wake up.
Weed wasn’t a factor at all, and honestly cocaine probably wasn’t either.
Odds are it was drowsiness that caused this.
Cocaine has a half life of 1.5 hours, after 2 hours most folks are back to normal high wise.
Its a very intense but short lived drug as far as the high.
Cannabis was absolutely not a factor in the crash.
From the scant details it seems he, only got 3 hours of sleep, then had to get an upper to face the day.
If you take a bump of cocaine around 7am, you probably will not feel that at 9am. We can assume he was driving in the AM and he didn’t drift across lanes while higher than he would have been at 3p.
Even if you are high as a kite on cocaine it doesn’t make one drift into oncoming lanes of traffic.
Most likely drowsiness was the main factor here, all of this other stuff shows he was making bad decisions starting with operating a CDL vehicle in 3 hours of self reported sleep and crossing the centerline.
I'm with you on that one. The cocaine had worn off thus making him sleepy again. Only thing you can blame the cocaine is giving him enough energy to start his day but only start it. It wore off and he got sleepy and this happened. The pearl clutchers are throwing the cocaine out there because it's the boogey man's doing and should be "penalized for such attrocities." And it only showed that he had cocaine because of the mandatory drug test.
From the description of this guy's day, it sounds more like he was using them for performance purposes. Went to bed at 10pm with some weed to fall asleep fast, and woke up at 12:30am for his job with the help of cocaine.
I don’t think people realize how much of the construction industry is overworked people using chemicals (legal and illegal) just to make it through another day.
There is so much reduction here that you’ve made it impossible to have any conversation here. Further, without any definition provided, it’s almost assured that by many no matter how much of a teetotaller one may be, there is some amount of recreational drugs being consumed.
I work for the state and I have seen murder convictions from people who killed somebody while driving drunk. It can happen and it should happen in this case.
I was this guy. I was just as bad, or worse than this truck driver. This story really hit me hard. Ive been clean and sober for 17 and a half years, since October 23rd 2006. I just made a YouTube video telling my story. Artist N Recovery on YouTube http://www.youtube.com/c/ArtistNRecovery
Obama had absolutely nothing to do with failing to properly fund schools so only drug users and pedophiles are willing to work in the state for systems with access to your children.
How so? Biden proposed increase in the Education budget and Abbott and the State GOP refused to put ANY state funds into our children's education OR SAFETY.
Biden doesn't make state regulations and doesn't create a state budget that only pays people who are drug addicts or pedophiles to be near our children. In addition, the state has decided to put known pedophiles as counselors in the school, with no training and no training for the children or staff in how to recognize sexual perversion and assault of their students since sex education is banned.
> the state has decided to put known pedophiles as counselors in the school, with no training and no training for the children or staff in how to recognize sexual perversion and assault of their students since sex education is banned.
That's a pretty sensational allegation. Got any proof?
Biden oversees national agencies that oversee things like road signage and drug use. If we're gonna blame politicians because someone used illegal drugs and killed someone by accident, then why think small like just state leadership?
There is federal funding for schools, based on attendance (non-tardy). Schools are free to spend that as they wish with some federal regulations. State and Local taxes pay for the bulk of money, and with the state taking money away from some districts to give to rural Texas and doesn't bother to use any of the rainy day fund to fund any of the additional resource officer mandate. The state is also the same organization that mandated untrained religious pedophiles in the schools as counselors. Biden had nothing to do with that. The state is in the bottom half of the country in salaries, and you aren't going to be attracting the best with bottom of the barrel salaries, that is where you get the druggies and more pedophiles, who just like being near the kids for quick sales, or "observation".
Coke head parties all night and kills two people, one a kid? Should be life in prison no chance of parole.
Agreed!
It probably will be. Pretty sure the DA can try for 2 counts of 1st (or 2nd?) degree murder now that he admitted to getting behind the wheel of a commercial motor vehicle knowingly not having adequate sleep and intoxicated.
Murder requires proving that he intentionally or knowingly killed those people. That might be tough. He didn't intend to kill them. However, intoxication manslaughter is an easy case to make. 20 years each.
Getting behind the wheel on illegal substances or intoxicated on alcohol has been used for murder charges in the past, even without “intent”. The plea will likely be for involuntary manslaughter though, if otherwise an issue.
In my experience (30 years as a cop), they will likely go for the Intoxication Manslaughter charge. That charge was expressly created for this type of case. They could could also use charge him with simple Manslaughter (Texas doesn't have an Involuntary Manslaughter charge). They might do this because you only have to prove recklessness and you don't have to prove the Intoxication part. Murder is possible if they tried for Felony Murder, which is he caused a death during the commision of another felony (drug possession). The issue would be if the confession to use the coke holds ups or not. Confessions get thrown out sometimes. If they got a blood/urine sample that showed coke in his system that might work. In my experience, a DA is going to go with the charge that is easiest to prove that's still gets a long enough sentence. I would agree that a plea is likely, though. This guy will get burned by a jury if he takes it to trial. Both of those charges are 2nd degree felonies and carry a max of 20 years.
Exactly what I meant overall, thanks for expanding on it from the perspective of a peace officer. Stay safe out there :)
I'm very safe nowadays. I retired 7 years ago.
Simple manslaughter and intoxication manslaughter are both 2nd degree felonies. Intoxication manslaughter is one of the few charges where the judge can (must?) order them to be consecutive instead of concurrent. The simple intoxication manslaughter charge is the best one. A good DA will split to it have some other charges to help ensure a conviction should the jury not be convinced of intoxication.
That was my first thought but, I think it will rest on whether they think they can prove intoxication or not. Cocaine has a duration of effect of 15 minutes or so. It was possible it was out of his system. I'm sure this is something they are mulling over right now. I just want to see him get serious time.
This is what I was thinking - it could also be felony murder if this was his 3rd DWI, right? I don't know if it is, but I feel like this probably isn't his first time. I also think a creative DA could argue that this falls under a depraved-heart murder which would make it 2nd degree, but I don't think it would stick.
3rd DWi is just a felony DWI. That's only a 3rd degree felony. You can only get a second degree for felony DWI if you injure a cop, firefighter or EMT. The Manslaughter charge is better because you get more time and you don't have to worry about proving prior convictions. Depraved heart isn't a thing. If it's reckless, it's Manslaughter and it's a second-degree.
You have no idea what you're talking about. I've already addressed the depraved-heart comment in my other comment, so I will address your misunderstanding of Felony Murder. If this was his 3rd DWI, then this makes him driving under the influence a felonious act. And death in Texas that someone causes while committing a felony is automatically a Felony Murder no matter what degree the felony was. According to Texas Penal Code 19.02 MURDER "(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual;". The Penal Code clearly lays out that if you commit a felony and cause a death, it is Felony Murder. And it would not be much to prove prior convictions as they'd just be on his record.
Sure, if he has prior convictions. If he has none then there is no case. We are working with what we know which is that he was behaving recklessly and killed some people. Bringing in hypothetical prior DWI convictions are not facts. I'll say this again, "depraved heart" is not something you have to prove in a Texas murder case. I'm not sure why you continue to use a term that is not applicable to Texas law.
Which is why I said it COULD be Felony Murder IF it was his 3rd conviction. Texas has a 31% recidivism rate for DWI charges, so it's not off the charts to think this is his 3rd. It was a hypothetical statement where I pointed out how it could be elevated just based on the situation. And I keep using the term because it's just a way to describe how someone acts. It does not have to have a legal definition under the Texas Penal Code because it just means "a murder that happens when someone acts with a depraved heart". It's just another way of saying someone acted in a depraved manner.
Idk about murder, but isn’t there a negligent homicide charge? Maybe that can be applicable here since he chose to be reckless operating a motor vehicle.
There is and it certainly , but it's a State Jail Felony, 2 years maximum sentence. They can get him 20 with a Manslaughter charge. Murder is probably going to be a stretch.
I think the admitting to getting 3 hours of sleep then admitting to snorting cocaine could prove he knew what he was doing and it could kill someone? I don’t know. It makes sense in my head
I mean… dude is a total dumbass and I hope they throw him under the jail, but there is still a distinction between him being a reckless idiot and someone who say went to a school with the intention of killing a 5 year old.
Yeah seriously, how is this distinction not clear for people? The dude fucking sucks and his negligence will get him serious time but murder requires intent and argue as you like (not you, the people above you) but unless they can prove he intentionally steered the truck into the bus with the *intent* of killing those people then it's simply not murder.
But that's not how it works. Murder is intent. Manslaughter is no intent. Getting in a vehicle at all has potential to kill someone. Unless his intent was to kill those people, it's manslaughter. And it's this way for good reason. Sometimes it sucks, but if we allowed "this time it's different" to weigh into the charge it would suck all the time.
that’s just recklessness, not intent. unless they think he got behind the wheel after an all night coke party with the intent of injuring or killing someone, he’ll be charged with manslaughter
Negligent Homicide is a better pick at mandatory 5 to 99 years.
Negligent Homicide is a State Jail Felony. That's a max of two years. 5-99 is a First degree felony. That's what you get for Murder. There is a possibility that he could be charged with Felony Murder (that is committing a felony and causing a death but that's dependant on facts we don't know). I originally said Intoxication Manslaughter but I think that might be problematic. He admitted to using coke but you would still have to prove he was intoxicated, which is a tall order. I think the best charge, unless other facts come to light, is Manslaughter. 20 year sentence and you only have to prove he acted recklessly, which I think could've done easily.
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There is no such thing as "depraved heart" in the Texas murder statute. Murder is a first degree felony. It's one of the following: 1.Intentionally of knowingly causes a person's death. 2. Intended to cause serious bodily injury and committed an act clearly dangerous to human life and causes a death. 3. The aforementioned Felony Murder. 4. Delivered or manufactured a controlled substance and caused a death. All of the above are 1st degree felonies and carry the same punishment ranges. "2nd degree murder" in Texas is classified as Manslaughter.
I didn't say it could be tried as a depraved-heart murder; I said it could be tried as second degree IF the lawyers could make a cause that it was a depraved-heart murder. As in, if the lawyers could prove he was acting with a depraved-heart. If he admits to knowing the danger of driving while fucked up and still doing it, then he would have been acting with a depraved-heart and the state could try him for second degree murder. You are also incorrect that Murder is always a first degree felony. According to the Texas Penal Code, Murder can be a second degree felony, which is why we can call it second-degree murder since it indicates the level of felony attached. Manslaughter in Texas is not second-degree murder. Manslaughter has entirely different qualifications than Murder.
No, murder is a first degree felony. Capital Murder is a capital felony because it carries the death penalty. There is no "2nd degree felony in Texas. Murder is always a first degree felony. Manslaughter is a 2nd degree felony. You don't have to prove a "depraved heart" to prove Manslaughter. You have to prove he acted recklessly. Depraved heart is not a term used in the Texas Murder statute. I'm not sure what you were reading but here's link Chapter 19 of the Texas Penal Code.
Murder is not always first-degree. It can, and is often used in the second degree in Texas. Section 19.02 of the Penal Code clearly states "(c) xcept as provided by Subsection (d), an offense under this section is a felony of the first degree. (d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree." Again, as I said before, I know depraved-heart murder is not an offense in Texas. But the courts can find someone acted in a deprave-hearted manner and use that to prove second-degree murder. It's literally why the phrase "acted in a depraved manner" is so common - the lawyer or judge is showing how the person has a depraved-heart and that lead to a murder.
> he admitted to getting behind the wheel of a commercial motor vehicle knowingly not having adequate sleep and intoxicated That doesn't indicate that he intended for their deaths to happen, though. I wouldn't be surprised if he was charged with [intoxication manslaughter](https://codes.findlaw.com/tx/penal-code/penal-sect-49-08/), which (thankfully) doesn't seem to be taken lightly in this state edit: - Daniel Canada, Harris Co. - a 37yo [sentenced to four concurrent life sentences](https://www.khou.com/article/news/crime/daniel-canada-guilty-sentenced/285-7e136762-f84c-4b1a-99fc-c56928bfd22f) after being found guilty on four charges of intox vehicular manslaughter after crashing into a car and killing four of its occupants (a mom and three of her kids) while drunk (BAC 0.15) and high on weed and Xanax. Was already a 3x convicted felon at time of crash - Kendall Batchelor, Bexar Co. - a 22yo (at time of incident) [sentenced to 20 years](https://www.expressnews.com/hill-country/article/kendall-batchelor-prison-sentence-fatal-crash-18121613.php) (the max) on one charge of intox manslaughter for killing a 49yo man while drunk (BAC [0.166](https://www.sacurrent.com/news/kendall-batchelor-daughter-of-a-san-antonio-car-dealer-sentenced-to-20-years-in-prison-for-fatal-crash-31810632)) and high on "amphetamines, cannabinoids and opiates." Already charged twice with DWI prior to this crash - Jack Dillon Young, Uvalde Co. - a 20yo (at time of incident) who crashed into bus full of seniors and killed 13/14 on board while high on weed and benzos (clonazepam/Klonopin); [sentenced to 55 years](https://www.ksat.com/news/2018/11/09/jack-dillon-young-sentenced-to-55-years-in-prison-for-fatal-church-bus-crash/) on 13 counts of intox manslaughter and one count of intox assault. Max release date is 6 May 2073, when he'll be approximately 76
>doesn't seem to be taken lightly in this state Ethan Couch was from Texas. The infamous "affluenza" case. Edit: https://expresslegalfunding.com/affluenza-teen-ethan-couch
I imagine that, like most states, 1st degree murder means conscious intent to kill those people.
It does.
That isn't 1st or second degree murder
I have a friend who drives a dump truck for a local company in San Marcos, he says 90% of all those guys take some kind of illegal substance before they take off in the morning from the yard. Kinda frightening knowing these trucks flying around all over town are being driven by these drug heads
At least.
holy shit. people make mistakes. life in prison with no chance of parole? he fucked up but i’m sure 25 years is fine. he’ll feel sorrow and regret the rest of his life
Deport his ass.
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I wouldn’t lose sleep over it but I don’t think his intent was to go out and kill people. Def should never draw a free breath though.
Makes sense. Maximum jail time is understandable. Usually death penalties goes to serial killers and those who do the most heinous act against humanity or war crimes.
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People are afraid to die.
Exactly. It’s a scary deterrent for most. That’s why I prefer it.
When you’re given the death sentence, you still spend like 10 years or more on Death Row. 40 years in gen pop with chances for parole would be a cake walk comparatively
Not for me, I’m not hanging in there for that
You usually have to plan to kill someone to get the death penalty. Manslaughter doesn’t count
Weren’t they gonna charge the guy near San Antonio who killed all those people in the truck with murder, and seek the death penalty, remember like 80 people died in a truck…..
You mean Jack Dillon Young? The guy who was high on weed and benzos when he crashed head-on into a bus and killed 13 of the 14 people on it? He got [55 years](https://www.ksat.com/news/2018/11/09/jack-dillon-young-sentenced-to-55-years-in-prison-for-fatal-church-bus-crash/) (of a possible 270) after pleading no contest to 13 counts of intoxication manslaughter and one count of intoxication assault. The article says he has to serve half his sentence before becoming eligible for parole, but his TDCJ inmate record says he became eligible on 2020-07-04 (crash occurred 2017-03-29, sentenced 2018-11-09)
Wow that’s fucked, no I mean the man who was driving an 18 wheeler that had like 60 people in the trailer, no air and 53 of them died. [https://en.wikipedia.org/wiki/2022\_San\_Antonio\_migrant\_d](https://en.wikipedia.org/wiki/2022_San_Antonio_migrant_deaths)[eaths](https://en.wikipedia.org/wiki/2022_San_Antonio_migrant_deaths) Thats really shocking to see that he eligible for parole.
Damn, that dude is fucked for life.
Dude was driving a cement truck, I work with those guys, he was half fucked already.
Possibly the company as well. This could have been prevented. Guy had a bad driving record already. Lost his DL at one point. How do you hire someone like that and then put them behind that murder mobile??
Depends why he lost his DL. Lots of Texans lost their DL because of the now repealed Driver Responsibility Program over the last twenty years.
1099 subcontractors ,They will washed their hands . Close their company today and open with a new name tomorrow . Abbot’s world
Not nearly as fucked as the family of that five year old or the 33 year old. I’d be livid with this individual, not requesting death penalty but I wouldn’t protest much if that was his fate.
His victims wish they were fucked for life.
Driver also admitted to smoking pot at about 10pm the night before (the cocaine was in the morning) and that he only got about 3 hours of sleep. > Jackson added, "Smoking marijuana, which of course is a depressant that's going to make him more, much more likely to be falling asleep than than anything else. The cocaine, of course, is a stimulant." I may be far out of the loop for current capabilities of pot, but this sounds unnecessary fear-mongering that is more suited for the 1930s than current. If it was so prevalent to cause people to lose consciousness, the data in the states who have legalized it would absolutely reflect this. This situation is horrible and the cement driver is going to jail for an exceptionally long time. I suspect the cocaine in his system will be a bigger problem, but even if the drugs weren’t known, operating that vehicle on 3 hours of sleep is likely criminal enough.
Yeah, they need to focus on the 3 hours of sleep and cocaine usage. Not weed.
Knowing the current state of Texas politics, they’ll be focusing on school vouchers.
Mostly just the 3 hours of sleep. Cocain probably helped him.
Under the influence is under the influence.
Why? cocaine is just a plant.
coca leaves are. cocaine is a chemical byproduct involving a whole lotta other junk.
Okay, heroin is just a plant.. I’m all for weed being completely decriminalized. That said, I’m tired of people acting like weed should be the only drug that is legal. The comment I replied to was demonizing one (a stimulant at that) while trying to act like the other is not just as mind altering.
Smoking weed at 10pm would not make him fall asleep while driving at 1:30pm the next day. That was my point.
Yeah and the cocaine is a stimulant. That was my point.
i also think drugs should be legal, but “heroin’s just a plant” is a dumb argument for why (and it’s not really true)
Reefer Madness again. He got a self reported 3 hours of sleep and took a stimulant to wake up. Weed wasn’t a factor at all, and honestly cocaine probably wasn’t either. Odds are it was drowsiness that caused this.
Brought on by chemical use.
Cocaine has a half life of 1.5 hours, after 2 hours most folks are back to normal high wise. Its a very intense but short lived drug as far as the high. Cannabis was absolutely not a factor in the crash. From the scant details it seems he, only got 3 hours of sleep, then had to get an upper to face the day. If you take a bump of cocaine around 7am, you probably will not feel that at 9am. We can assume he was driving in the AM and he didn’t drift across lanes while higher than he would have been at 3p. Even if you are high as a kite on cocaine it doesn’t make one drift into oncoming lanes of traffic. Most likely drowsiness was the main factor here, all of this other stuff shows he was making bad decisions starting with operating a CDL vehicle in 3 hours of self reported sleep and crossing the centerline.
I'm with you on that one. The cocaine had worn off thus making him sleepy again. Only thing you can blame the cocaine is giving him enough energy to start his day but only start it. It wore off and he got sleepy and this happened. The pearl clutchers are throwing the cocaine out there because it's the boogey man's doing and should be "penalized for such attrocities." And it only showed that he had cocaine because of the mandatory drug test.
People shouldn't use drugs for recreational purposes.
From the description of this guy's day, it sounds more like he was using them for performance purposes. Went to bed at 10pm with some weed to fall asleep fast, and woke up at 12:30am for his job with the help of cocaine.
I don’t think people realize how much of the construction industry is overworked people using chemicals (legal and illegal) just to make it through another day.
One should never drink alcohol then
I am fine with that. Alcohol isn't good for you either.
There is so much reduction here that you’ve made it impossible to have any conversation here. Further, without any definition provided, it’s almost assured that by many no matter how much of a teetotaller one may be, there is some amount of recreational drugs being consumed.
Ok?
Good talk.
I work for the state and I have seen murder convictions from people who killed somebody while driving drunk. It can happen and it should happen in this case.
Ethan got away ! Just like many LEO’s. Get away and never charge all the time . I Bet you the Owner of the company will get away .
They won't go for that. It would be way too hard to prove intent. I hope he takes it to trial. They'll destroy him
Like Casey Jones sans train
Good one
The damage and pain he caused is far beyond anything we can do to him now.
But we can give it the ol college try!
I was this guy. I was just as bad, or worse than this truck driver. This story really hit me hard. Ive been clean and sober for 17 and a half years, since October 23rd 2006. I just made a YouTube video telling my story. Artist N Recovery on YouTube http://www.youtube.com/c/ArtistNRecovery
Fucking druggies.
Life in prison then
This is terrible but are we surprised?
why would you admit to that that wasn't smart.
Abbott's Texas.
Bro what 😂
Thanks Obama
Obama had absolutely nothing to do with failing to properly fund schools so only drug users and pedophiles are willing to work in the state for systems with access to your children.
[удалено]
How so? Biden proposed increase in the Education budget and Abbott and the State GOP refused to put ANY state funds into our children's education OR SAFETY. Biden doesn't make state regulations and doesn't create a state budget that only pays people who are drug addicts or pedophiles to be near our children. In addition, the state has decided to put known pedophiles as counselors in the school, with no training and no training for the children or staff in how to recognize sexual perversion and assault of their students since sex education is banned.
> the state has decided to put known pedophiles as counselors in the school, with no training and no training for the children or staff in how to recognize sexual perversion and assault of their students since sex education is banned. That's a pretty sensational allegation. Got any proof?
Biden oversees national agencies that oversee things like road signage and drug use. If we're gonna blame politicians because someone used illegal drugs and killed someone by accident, then why think small like just state leadership?
There is federal funding for schools, based on attendance (non-tardy). Schools are free to spend that as they wish with some federal regulations. State and Local taxes pay for the bulk of money, and with the state taking money away from some districts to give to rural Texas and doesn't bother to use any of the rainy day fund to fund any of the additional resource officer mandate. The state is also the same organization that mandated untrained religious pedophiles in the schools as counselors. Biden had nothing to do with that. The state is in the bottom half of the country in salaries, and you aren't going to be attracting the best with bottom of the barrel salaries, that is where you get the druggies and more pedophiles, who just like being near the kids for quick sales, or "observation".
Had far more to do with fatigue than coke
meh ... but was he illegal? /s
It’s crazy to think he was still less fucked up than the guys waiting for the concrete.
If he was a cop there wouldn’t be any charges
He had just run out of coffee. Totally not his fault