A 20-year-old man has agreed to a plea deal in a DUI case, in which a 16-year-old girl was killed, and pleaded guilty to felony intoxication manslaughter with a deadly weapon in exchange for five years in prison, as reported by Your Houston News.
D.F. entered his plea in the 221st District Court on Monday, March 17.
The DUI-fueled accident occurred just over two years ago, on March 14, 2012. H.M., a Caney Creek High School student, was killed.
D.F. is a former Caney Creek High School student.
D.F. must serve a minimum of 2 ½ years before being eligible for parole, according to deputy Montgomery County prosecuting attorney Andrew James, because of the affirmative finding of a deadly weapon.
If D.F. had failed to accept the plea deal he would have faced a minimum two-year probation and a maximum 20-year prison sentence.
James commented, "I hope that this case sends a message to the students of Caney Creek and all the other high schools in Montgomery County that your actions have very real consequences. A young lady is gone and the young man who caused her death will be spending several years in prison. It doesn't matter if you are young and have never been in any trouble before, you will be held accountable and you will be punished."
Attorney Douglas W. Atkinson represented D.F. in the case. In a press release Atkinson said, "(D.F.) and the entire (F.) family have the deepest sympathies and offer their sincerest apologies to the family of (H.M.) for their loss. Prior to accepting the sentence, (D.F.) had been under strict court order not to have any contact with (H.M.'s) family, directly or through any other person or media. Adhering to this Order, (D.F.) was unable to convey his remorse and express his sincerest apologies to (H.M.'s) grandmother, mother, and the rest of her family. (D.F.) is extremely regretful of the events that transpired March 14, 2012, and the pain and devastation it caused…"
D.F., 18 years old at the time of the accident, sped south on FM 1485, just north of Caney Creek High School, with H.M. as his sole passenger in a Saturn sedan. The two had just attended one school party and were headed to another. When he attempted a curve – at nearly twice the speed limit – he lost control of the car, skidded, drove off the road, and finally came to a rest when his car struck a telephone pole.
The impact, focused on the passenger seat, trapped both D.F. and H.M. in the vehicle. Snapped power poles hung over their heads – holding 35,000 volts of electricity.
EMS, firefighters and police officers were dispatched quickly to the scene. However, it took about 45 minutes to successfully extract D.F. and H.M. from the car.
While unconscious, both were taken to Houston's Memorial Hermann Hospital. H.M. was pronounced dead soon after.
According to a DPS trooper D.F.'s blood alcohol tests showed that he was over the state's 0.08 percent limit to operate a vehicle. Further screening also showed marijuana in his system.
Whatever your DUI scenario is contact a DUI attorney to help you in court. A DUI attorney is the only type of attorney versed in defending DUI, DWI, OUI and OWI.