Houston mechanic Mark Wayne Lomax was the first repeat DWI suspect in Texas to be convicted for felony murder, in 2003. “Once they created the template, everybody else fell in line.” and were thinking outside the box,” Abbott added. “It was creative use by those two very bright guys who knew the law. Clay Abbott, DWI resource prosecutor for the Texas District and County Attorneys Association.
“We had used felony murder for years and years and years, but we always thought of it as a death that occurred during a robbery,” said W. So causing a death while committing felony DWI should qualify as “felony murder,” the attorneys reasoned. Felony murder occurs when a death results - even if unintentional - while committing another felony, such as running from police.įor those who have been convicted at least twice before of misdemeanor DWI, subsequent arrests are considered a third-degree felony. See More Collapseīut about a decade ago, two DWI prosecutors in Harris and Tarrant counties independently found what appeared to be a loophole concerning Texas' “felony murder” law. William Joe Rhomer, who on May 2, 2012, allegedly killed motorcyclist Gilbert Anthony Chavez, 40.Christopher Hughes Lamar, who on March 22, 2012, allegedly killed Jessica Rodriguez, 28, and her 10-year-old daughter, Kaylee Flores.5, 2012, allegedly killed his passenger Jennette Garcia, 37, and fellow motorist Johnny Mendez, 74. 4, 2011, allegedly killed fellow motorist Richard Casas, 47, after running a red light. Larry Wiedner, who on June 5, 2010, allegedly killed passenger Richard S.6, 2009, allegedly killed his motorcycle passenger Arlene Harding-Watts, 46. Prosecutors have so far upgraded charges for six other local cases and say more might be on the way. Tougher sentences possible in Bexar Countyįrances Rosalez Ford is set to be the first drunken driver in Bexar County to be sentenced for felony murder instead of intoxication manslaughter because of prior DWIs. Juries less harsh than judges on DWI deathsīexar County to crack down on second-time DWI offenders Repeat offender pleads guilty to murder for wreck
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