The Public Shows Little Tolerance for Remorseful Drunk Drivers Mollee Westfall Tarrant County Prosecutor

November 2005

Does a jury give a drunk driver a break because they have killed someone by “accident or mistake” as a result of their intoxication? The answer in Tarrant County is a resounding “No.” Over the past two years Tarrant County juries have thrown the book at two very remorseful young men who lost control of alcohol and drug problems.

Twenty-four year old Jake Aaron Strickland’s life was out of control due to alcohol on December 21, 2003. He had been arrested for several alcohol-related offenses and already convicted of DWI twice. He finished a night of heavy drinking and left downtown Fort Worth ending up traveling the wrong way on Highway 121. He ran straight into a car of new parents enjoying their first night out since the birth of their premature twins. The father of the twins was killed instantly and the mother sustained a broken pelvis. She was unable to walk for weeks and had to use a walker for months. Mr. Strickland’s blood alcohol level was .20.

The 20 year maximum punishment for intoxication manslaughter did not seem enough for a habitual drunk driver so we presented a felony murder charge to the jury. Although murder generally requires intent to kill, felony murder only requires that someone be killed during the commission of a felony, in this case Felony DWI. Despite a fierce battle with the defense over pursuing a murder charge in this case, the jury found the defendant guilty of Felony Murder very quickly and then sent Mr. Strickland to prison for 35 years.

Nineteen year old Levi Nathan Auldridge had been struggling with drug addiction since his preteen years. After being placed on probation for two felonies, he was ordered into a six month inpatient drug treatment and a four month halfway house “aftercare” program. He walked out of the halfway house after refusing urinalysis on December 9, 2004. On December 18, 2004 he crossed the center line into oncoming traffic striking Rene Hinojosa’s car head on. Mr. Hinojosa died at the scene of massive trauma. Mr. Auldridge was lethargic and nodding off during police interviews and his blood had .17 mg/L methamphetamine. A forensic chemist explained to the jury that his behavior and the blood evidence showed that Mr. Auldridge was in the “crash” phase of methamphetamine intoxication characterized by extreme lethargy and uncontrollable sleepiness. A jury assessed 18 years out of 20 on Mr. Auldridge’s case.

The public has spoken in Tarrant County on the subject of drinking and driving or drugging and driving: They won’t tolerate it and they want it stopped. Despite the youth, the genuine remorse and the dysfunctional families of both defendants, our Tarrant County juries wanted to punish this conduct severely. All family members of intoxication manslaughter victims hope that prosecution of their loved one’s case might prevent another tragedy in the future. Out juries are supporting this effort with their tough verdicts in these cases. Maybe together we can stop the senseless killing and this holiday season no one in North Texas will face the loss of a loved one to a drunk driver.

Language from the Intoxication Manslaughter statute from Texas Penal Code 49.10

News links:

Despite no alcohol, man guilty in DWI case

Driver high on meth gets 18 years in fatal wreck

DWI death trial may have lasting impact
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Mollee Westfall is a Tarrant County Assistant District Attorney in Fort Worth.   She has been a prosecutor since 1996 and was named a Texas Rising Star Super Lawyer for 2005 by Texas Monthly Magazine.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Home

Archives