Accident & Injury Law in Texas

Archive for the ‘Arrests’ Category

A 20-year-old man was charged with felony intoxication manslaughter in the
death of one of his passengers after a crash Saturday night in northwestern Travis County.  According to an arrest affidavit filed Monday, Jose Olvera-Tovar lost control of a Ford Explorer late Saturday on General Williamson Drive near RM 620. The Explorer struck several concrete blocks, was launched into the air and struck a utility pole, according to the affidavit.

Passenger Jose Guillen-Ortiz, 29, died in the wreck. Olvera-Tovar and another passenger were treated for minor injuries at University Medical Center Brackenridge and released before Olvera-Tovar was arrested.

A state appeals court upheld the conviction of Martin DiCarlo, a 47-year-old Williamson County man sentanced to life in prison in 2008 after his seventh drunken driving conviction.

On Friday, the 3rd Court of Appeals in Austin rejected DiCarlo’s arguments that prosecutors improperly questioned potential jurors and ruled that a recorded jailhouse phone conversation between DiCarlo and his brother was properly introduced into evidence.  In the call, the brother berates DiCarlo for previous drunken driving episodes, and DiCarlo responds, “We all make mistakes.”

The court ruled that the conversation impeached DiCarlo’s claims that he was having a diabetic episode, and that the brother’s coarse language did not make the jury more likely to convict.

The opinion noted other factors that were more likely to sway jurors: “In a seperate, recorded conversation with his ex-wife discussing why he was in jail, (DiCarlo) stated, ‘It’s my fault for drinking and driving.’ The arresting officer reported observing signs consistent with intoxication while appellant was driving and while he was performing field sobriety tests.  Most compelling is appellant’s blood-alcohol concentration measured by the breath test on which both readings – .139 and .144 – were well higher than the acceptiable .08 level for legal driving.”

Local singer, Melanie Wilkinson, was killed in a collision on Monday at the 2200 block of East 51st Street, just east of Waterbrook.  Ms. Wilkinson had performed for Ann Richards, Lady Bird Johnson and Barbara Jordan and was scheduled to sing in Washington with a choral group at the National Cathedral in the next few days.

She was leaving her job as an overnight 911 call-taker at Austin’s Combined Transportation, Emergency and Communications Center when the wreck happened.

Austin police spokesman Cpl. Scott Perry said a man was driving a Checy Tahoe east on 51st Street about 11:45 a.m. when he crossed the center line and hit Wilkinson’s Toyota Corolla, heading west.  The Tahoe flipped over the Corolla, hit a telephone pole and then rolled off the Corolla.

The Tahoe driver, Dewayne Maupin, 32, was arrested on existing warrants of delivery of a controlled substance and theft by check.

Wesley Ray Marek, arrested August 11th, 2006, after a Round Rock officer stopped him over a possible traffic violation on Sam Bass Road, was sentenced in Williamson County recently to 25 years in prison after his 10th conviction on driving while intoxicated charges.

The officer found that Marek was wanted in Brown County, almost 100 miles west of Waco, on a probation violation and was driving with a suspended license.

Because he had been convicted of three or more driving while intoxicated charges, the most recent charge was a third-degree felony.  In addition, because he had been sentenced to prison at least two previous times, the charge was enhanced to a first-degree felony, punishable by 25 to 99 years or life in prison.

Austin police released an annual ranking of bars where motorists who were stopped on suspicion of drunken driving reported having their most recent drinks.

Several bars in downtown topped the list including Rain, Oilcan Harry’s, and The Ranch.  Police are using the list to help target enforcement efforts.

The rankings are based on information drivers gave officers after they were arrested.

A Taylor man, Anthony Lynn Falco, was sentenced to 60 years in prison Wednesday for his 10th driving while intoxicated conviction.

Mr. Falco was pulled over in June and told police that he had been drinking beer at a Round Rock bar, failed field sobriety tests but refused to give a breath sample. After a blood search warrant was obtained, the sample showed he had more than two times the legal limit of alcohol in his blood.

Mr. Falco pleaded guilty to felony DWI in January and waived his right to a jury trial. District Judge Burt Carnes then sentenced him to 60 years in prison making him eligible for parole in 15 years.

According to Williamson County District Attorney John Bradley, Mr. Falco had nine previous DWI convictions starting in 1979. He served time for the last three.

Mr. Bradley said that convicted DWI offenders like Falco should have to give a breath or blood sample and urged state legislators to pass such a law.

Oscar Barbosa, 51, of Williamson County was sentenced to 33 years in prison after pleading guilty to his sixth driving-while-intoxicated conviction on Monday.

He had been arrested in September because he was weaving on U.S. 183 in Liberty Hill, according to Williamson County District Attorney John Bradley.  A breath test found that Mr. Barbosa had more than two times the legal limit of alcohol for driving in his system.