Judge gives void sentence for intoxication manslaughter charge
San Jacinto News- Times - October 2009

COLDSPRING – A Trinity County man who pled guilty to one count of intoxication manslaughter and four counts of intoxication assault was sentenced to serve no time in prison for the intoxication manslaughter charge by a Liberty County Judge Friday, Oct. 30 in San Jacinto County. The automobile accident claimed the life of 14-year- One child lost his life, another lost his leg and two other children, along with their mother, were seriously injured Hurricane Ike didn’t just have an impact on East Texas’ pine trees. Many oak trees are dying from stress caused by drought and Hurricane Ike as well. Sam Houston EC works diligently to ensure all components of its distribution system are in excellent working order, even old Eduardo Medellin, Jr., and resulted in the amputation of 13-year-old Eric Medellin’s leg which was crushed. Eric also suffered a skull fracture, a fractured pelvis and may lose his other leg, according to San Jacinto County Criminal District Attorney Bill Burnett. Another child, 10-year-old Edgar suffered a fractured neck, spine and pelvis while fi ve-year-old Emily sustained a fractured pelvis and leg and their mother, Anggie, a fractured arm and ribs. “In my 30 years of experience it was the most horrendous accident I’ve ever seen,” Burnett said. “It was so terrible, Department of Public Safety troopers, emergency medical services personnel and volunteer fi remen on the scene underwent crisis counseling, following the Dec. 8, 2007 accident,” Burnett said. The man who pled guilty to driving while intoxicated and causing the accident, Justin Caine Sutton, was sentenced in San Jacinto County’s 258th District Court by visiting Judge Chap B. Cain III. On the count of intoxication manslaughter Judge Cain sentenced Sutton to 10-year de- ferred adjudication, a $2,000 fine, $60,000 restitution and community service. “I was stunned,” Burnett said. “I never considered probation.” According to Burnett, the sentence is void and the sentencing will have to be done again by Judge Cain. “You can’t give someone deferred adjudication on an intoxication manslaughter charge,” Burnett said. Burnett said he advised Cain that it couldn’t be done. Recalling the accident, Burnett said Sutton had a blood alcohol level of .25 on the night of the accident. “It was about three times the legal limit. “Besides his guilty plea, the evidence was overwhelming,” Burnett said. “Sutton was traveling at a high rate of speed, intoxicated, hit a suburban with a Hispanic family returning to Lufkin from Christmas shopping at Toys R Us in Humble. All four children were ejected from the vehicle even though they were wearing seat belts. The 14-year-old died at the scene,” Burnett said. “Sutton had been drinking at a relative’s home. They tried to talk him out of leaving and driving but he did anyway. He thought he was driving on Hwy. 19 heading into Trinity,” Burnett said. Referring to the sentence given by Judge Cain, Burnett said, “It was the most disappointing day I have ever had. The criminal justice system let that family down.” According to Burnett, Sutton was on probation for burglary in Trinity County at the time of the accident. On the four counts of intoxication assault, Judge Cain sentenced Sutton to 10 years in prison with the four counts to run concurrently. After 160 days Sutton can file a motion for shock probation and be released if treated in a substance abuse facility, according to Burnett. “I will oppose shock probation for Sutton,” Burnett said. According to Burnett, the manslaughter charge carries a punishment up to 20 years and the intoxication assaults carry up to 10 years each.