R. Todd Bennett, P.C.
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Criminal case against father has tragic overtones

The emotional trauma of witnessing the death of his two young sons might be the defense an Alvin construction worker relies upon as he faces a criminal charge for killing the drunk driver who ran into them. The dead driver had a blood alcohol level that was twice the 0.08 legal limit in Texas.

The accused father of four was pushing his disabled truck toward his home with the aid of his 12-year-old and 11-year-old sons when the driver rammed into the back of the truck. When sheriff's deputies arrived, the driver of the car was dead with a single bullet wound in his head. Investigators did not find a gun, but they recovered a holster and ammunition in a search of the suspect's home.

According to investigators from the sheriff's department, the suspect made statements to relatives claiming he could not recall anything about the accident or the shooting other than going to the aid of his two sons. The father testified in front of a grand jury investigating the shooting, the same grand jury that later indicted him for murder.

Besides the holster and ammunition, investigators claim to have a witness who saw the suspect leave the accident scene and walk to his home. The witness said he heard gunshots after seeing the suspect return to the accident scene. Investigators do not have the results of gunshot residue and DNA testing that was performed on the suspect and the deceased driver.

A criminal defense attorney might be able to assist a person facing a felony charge as serious as murder mount a defense. Homicides are investigated by experienced, highly trained investigators and prosecuted by the most experienced and skilled prosecutors. Under circumstances that place a suspect's freedom and future in jeopardy, a person needs the skills and training of a criminal defense attorney.

Source: Houston Chronicle, "Father indicted in death of drunk driver," Cindy Horswell, Feb. 11, 2013

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