KOLKHORST, GERDES FILE BILLS TO CREATE FIRST DEGREE FELONY FOR INTOXICATION MANSLAUGHTER INVOLVING MULTIPLE DEATHS
(R-Brenham)
State Senator Lois Kolkhorst and State Representative Stan Gerdes have filed legislation aimed at increasing the criminal penalty in certain cases of intoxication manslaughter.
The companion bills, Senate Bill 745 and House Bill 1789, seek to raise the penalty to a first degree felony if the person convicted of intoxication manslaughter caused the death of more than one person.
(R-Smithville)
The legislation comes after a fatal accident that killed four people, including a six-year-old child, near Lake Somerville in May 2020. Ignacio Reyes Aviles pleaded guilty to the offense and was sentenced to four 20-year sentences to be served concurrently. Since intoxication manslaughter is normally a second degree felony, the maximum sentence is 20 years.
In announcing his bill, Gerdes said it will allow for harsher penalties and accountability and ensure “justice that matches the severity of these crimes.”
The 89th Texas Legislature begins its next regular session on Tuesday.
There is no justice for the family who lost FOUR loved ones to this repeat offender. 20 yewrs and he will probably be released way before that. Two adults one 18 year old girl still in high school and a precious 6 year old boy instantly lost their lives. Thank you Senator Kolkhorst and Rep Gerdes for filing this. Prayers for all who loved those who were lost to this senseless crime.
How about making jail time MANDATORY for the 3rd DWI ?
Case in point -the woman here in Brenham who received her 3rd DWI ( enhanced ) with children in the car. Still received probation.
Do her children have to die or be maimed for life because she is apparently “above the law” ?
I’d be for mandatory jail time on the 2nd one. Make more of an impression before the 3rd one where they may kill someone.
I believe the second DWI should come with jail time. You are spot on, does someone have to die to hold these people accountable? They make the choice to drink and drive and there are consequences and responsibilities that go with the privilege to drive. 3rd DWI should have a 5–7-year minimum prison term, just my opinion.
Grumpy, it is. State law requires jail time as a term of any probation given on a DWI 3d.
He should have never been given the option to serve concurrently his sentence should have been consecutively. That was 4 lives that he took that night. Plus he had previous charges for DUI/DWI. THE FAMILIES OF THE LIVES HE TOOK DID NOT GET ENOUGH JUSTICE.