Criminal Sentencing

August 5, 2024 – Bastrop County (KXAN) — The man driving a concrete pump truck that veered into a Hays CISD school bus, causing it to roll over and killing two, appeared in court Monday for a pre-trial hearing to change his legal representation. A state attorney said in court that a grand jury would decide on Tuesday whether to officially charge Jerry Hernandez, 42, with criminally negligent homicide. Hernandez’s new representation is criminal defense attorney Justin Fohn. Fohn declined our request for comment.  Two people were killed in the March 22 Bastrop crash — 5-year-old Ulises Rodriguez Montoya, who was on the bus, and 33-year-old Ryan Wallace, who was driving in a car behind the bus. The bus was carrying 44 Tom Green Elementary pre-K students and 11 adults back to Tom Green Elementary from a field trip at a zoo in Bastrop County. Multiple others were injured in the incident.  Hernandez admitted to investigators that he had smoked marijuana and consumed cocaine within 24 hours of the crash, according to an arrest affidavit.

Woman sentenced to 18 years in prison for Austin crash that killed Poteet police officer

Jury deliberates in trial of woman charged in drunk driving death of Poteet officerJune 13, 2024 – An Austin jury sentenced a woman to 18 years in prison for a 2022 crash that killed an officer in north Austin. Lindsay Smith pleaded guilty in court earlier this week and “took responsibility” for the crash. Jurors began deliberating to determine her sentence earlier on Thursday.

Photo of Jeffrey Richardson

The crash killed 35-year-old Poteet police officer Jeffery Richardson. He was off duty and working lane closures in north Austin on June 29, 2022, when the crash happened, according to an affidavit. Poteet is south of San Antonio.   The crash happened on the northbound service road of MoPac Expressway near The Domain around 2 a.m. Police said a car drove through a barricade and hit Richardson. In body camera video played in court Wednesday, Smith underwent a field sobriety test, telling an APD officer she had two drinks at a restaurant and four martinis at two different bars. The officer asked her if she had any shots. In the video, Smith responds that she did but that she did not recall how many. The officer who testified as issuing the field sobriety test said she was “disoriented” and “slurring.”   The prosecution rested on Wednesday, and defense attorneys called one witness before court ended for the day. The defense’s first witness was Katie Harris, the court probation officer assigned to the case. Defense attorneys asked Harris about probation being beneficial for certain individuals. RELATED: Family of Texas officer killed by alleged drunk driver files lawsuit   

Neil Sheehan Receives 1 year Community Service following 2019 Crash into San Marcos Police Officer

May 23, 2024 — Hay County — A San Marcos man was sentenced May 16 following a 2019 crash that led to a San Marcos police officer losing her leg. According to Hays County court documents, 63-year-old Neil Sheehan was charged with failure to slow or vacate lane causing bodily injury, a class B misdemeanor.   Following a plea deal, Sheehan received a sentence of 12 months of community supervision. During the supervision, he must complete 20 hours of community service, as well as pay nearly $500 in court costs and fines.PAST COVERAGE: San Marcos officer hit by suspected drunk driver loses leg, has several surgeries ahead   On May 18, 2019, Officer Claudia Cormier was responding to a call of items along Interstate 35, and according to previous coverage, she pulled over to the shoulder to clear the roadway of debris. Sheehan was previously arrested and charged with Intoxication Assault on a Public Servant.

Milton Castanon-Villatoro Receives 7 year sentence for 2023 Crash

May 9, 2024 — According to Travis County court documents, 26-year-old Milton Castanon-Villatoro pleaded guilty to intoxication manslaughter with a vehicle and accident involving death and was given seven years in prison for each charge. The sentence was related to the death of 57-year-old  Elias Saenz, which occurred the morning of March 31, 2023, in the 2900 block of North Interstate 35 Upper Deck southbound. At the time of the incident, police said Castanon-Villatoro crashed his car into Saenz’s SUV and left the scene without stopping to render aid or call 911.  Additional documents showed Castanon-Villatoro also pleaded guilty to a June 2021 offense of assault by impeding breath/circulation and was sentenced to two years in prison. Each of the three sentences will run concurrently, according to the documents.

Jose Antonio Garcia Receives 5 year sentence for 2022 Crash

May 8, 2024 — According to Travis County court documents, Reinaldo Rodriguez, 21, was sentenced on a count of intoxication manslaughter with a vehicle, a second-degree felony. Rodriguez’s sentence was in connection with a July 18, 2022, offense that resulted in the death of 22-year-old Jose Antonio Garcia. The crash happened after 2 a.m. in the 8600 block of FM 969, according to police. According to court documents, Rodriguez pleaded guilty to the charge and received a sentence of five years in prison with a jail credit of one day. Additional documents showed a charge of intoxication assault was dismissed after Rodriguez was prosecuted on the intoxication manslaughter charge.

Jarai Brady Receives 10 year Deferred Adjudication for 2022 Crash

March 7, 2024 —    According to Travis County court documents, 22-year-old Jarai Brady pleaded guilty to a charge of accident involving death and was sentenced to 10 years deferred adjudication in connection with a 2022 fatal east Austin crash.  In Texas, deferred adjudication is a type of probation that allows the person sentenced to keep the conviction off their criminal record. As a part of the sentence, Brady must also complete 100 community service hours, a driver’s safety course, maintain mental health treatment, maintain a valid driver’s license and insurance and pay a restitution of $432.15.  The sentence was in connection with the death of 53-year-old Yolanda Shelby following a hit-and-run Sept. 27, 2022.

Octavia Sacales Receives 10 Year Sentence for 2021 Crash

March 13, 2024 —  According to Travis County court documents, 39-year-old Octavia Scales pleaded guilty to intoxication manslaughter with a vehicle, a second-degree felony. She was sentenced to serve 10 years in prison.  Documents showed she would receive a jail credit of 69 days toward her sentence. The sentence was in connection with the death of 46-year-old Latesha Washington which occurred May 17, 2021.

Xavier Zarate Receives 10 years Probation for 2022 Incident

March 2, 2014 — Xavier Zarate, the man who pleaded guilty to manslaughter and injury to a child charges in the incident that left a 13-year-old south Austin boy dead back in 2022, was officially sentenced in court receiving a sentence of 10 years in prison probated for 10 years of probation. Stipulations for the sentence would include 300 hours of community service, group anger management and private therapy, paying more than $16,000 to the victim’s mother and more than $1,000 to the victim’s father.  This stems from a deadly crash in April of 2022 when Zarate began chasing a group of children who he believed vandalized his home. The kids were on bikes, and Zarate was in a car. When he caught up to the kids, the affidavit said a witness saw Zarate get out of the car and begin punching the teens.  A witness tried to break up the fight and said that’s when the car started rolling and ran over 13-year-old Brett Cardenas, police said.

Williamson Counity Teen gets 7 years Probation after 3 die in 2022 Crash

January 26, 2024 — A Williamson County judge sentenced a Georgetown teen to 7 years probation after the teen pled guilty to multiple charges following a deadly 2022 crash.   According to police, Tristan Carrillo, who was 18 at the time, was driving a pickup truck that collided with an 18-wheeler in Hutto in May 2022.  All three people riding in the bed of the truck died.2022: Teen faces 3 intoxication manslaughter charges after deadly Hutto crash   Carillo pled guilty to three counts of manslaughter and aggravated assault causing serious bodily injury.   On each charge, Judge Donna King sentenced Carillo to seven years’ probation. According to the court documents, Carillo will serve each sentence concurrently.  After the May 2022 crash, Hutto police said they found a case of beer on the rear floorboard of the truck, and one of the passengers told them all of those in the truck had been drinking earlier, the affidavit said. The passenger told police Carrillo “was possibly drinking the least so he was chosen to drive everyone home.”  According to the affidavit, Carrillo’s blood alcohol content at the time was about .083. The legal limit is .08.

Felton Deaunte Armstrong gets 3 years Probation following 2021 Hit and Run

February 2, 2024 —  An Austin driver who pled guilty in a 2021 deadly crash was sentenced to 3 years of community supervision.  APD said Felton Deaunte Armstrong III, 29, was arrested in connection to the crash that killed Juan Mendoza-Isquem, 45. The crash happened in the 700 block of East Ben White Boulevard westbound service road on Oct. 11, 2021.  According to a Austin Police report on the crash, a 2005 white Toyota 4Runner was going westbound when it struck and killed Mendoza-Isquem who was crossing Ben White.  Police said they found the driver of the 4Runner who left the scene and arrested him on a charge of failure to stop and render aid.

Paul Joseph Garcia Receives 12 year Sentence from 2020 South Austin Crash

January 10, 2024 —  27-year-old Paul Joseph Garcia pleaded guilty to intoxication manslaughter with vehicle and accident involving death in connection with the death of 55-year-old Lee Martin Cagle in a February 2020 south Austin crash.  Garcia received a sentence of 12 years for the intoxication manslaughter charge and 10 years for the accident involving death charge.  Officials said Garcia struck a pedestrian, later identified as Cagle, with his vehicle.

Gerardo Barlow Receives 6 years Sentence following 2020 Vehicle/Scooter Crash

December 19, 2023 —  A man in Travis County was sentenced last month in connection with a fatal crash involving a pedestrian on a scooter in December 2020. According to Travis County court documents, 35-year-old Gerardo Barlow was sentenced  on a charge for an accident involving death.  A judge gave Barlow a 6-year prison sentence following his guilty plea in connection with the death of 43-year-old Steven Hill.

Man with previous history of DWIs pleads guilty to killing 20-year-old UT Dallas student in crash

August 22, 2023 —  The mother and father of Colton Roberts, 20, addressed the man who killed their son in court Tuesday.  “All I can do now is write letters to him in a journal that only I will ever see. Things I would say that he’ll never get to hear,” said Bill, the young man’s father.  Scott Taylor pled guilty to intoxication manslaughter for the August 2021 crash that killed Roberts. The crash happened on Jollyville Road just after 9 p.m., right before Roberts was set to return to class at the University of Texas Dallas. “My 6-foot tall son, healthy, vibrant, so full of life… came home in a small box,” said his mother Tanya.  Judge Julie Kocurek accepted Taylor’s guilty plea in front a courtroom full of Roberts’ family and friends. She asked Taylor if he had anything to say.  “I want to say I’m sorry to the family and friends,” he said. “If I could take it back, I would switch places with Colton.”   According to his Texas Department of Public Safety criminal history report, Taylor has two previous misdemeanor DWIs — one in 2000 and another in 2010. They occurred in Travis and Comal Counties, respectively.  Unless elevated circumstances are at play, DWIs don’t become felonies until an individual’s third.  A 2015 arrest affidavit shows Austin Police arresting Taylor for DWI on Taylor Draper Lane. According to his DPS record, this ultimately became a Reckless Driving charge. Misdemeanor court records show the DWI charge getting dismissed, and Taylor instead receiving probation for reckless driving.   “It sickens me that more wasn’t done to stop Scott Taylor,” Tanya said.   Travis County District Attorney Jose Garza said, “My heart is really broken for Colton and his family,” he said. “I think of them and their pain, and it is part of why that in addition to the defendant’s criminal history, we thought a maximum sentence was appropriate under the circumstances.”