Prosecutors seeking stiffer penalties for drivers who cause deadly crashes

((MUSIC))KYLIE MCGIVERN, KXAN
REPORTER: "IS NO REFUSAL
EFFECTIVE?APD DETECTIVE MIKE
JENNINGS: "I WOULD SAY YES."
APD DETECTIVE MIKE JENNINGS:
"IT IS SOMETHING THAT WE WOULD
LOVE TO BE ABLE TO PIN DOWN
100 PERCENT THIS IS HOW WE
EVALUATE THAT KNOW
SPECIFICALLY HOW WE WOULD DO
THAT.SYDNEY:DRIVING DRUNK --
IN CENTRAL TEXAS.LAST NIGHT,
KXAN INVESTIGATORS EXPLORED
AUSTIN'S "NO REFUSAL"
INITIATIVE - AND THE MILLIONS
OF PUBLIC DOLLARS THE AGENCY'S
SPENDING ON IT."NO REFUSAL" IS
A DESIGNATED TIME WHEN
DETECTIVES GET A WARRANT TO
CHECK YOUR BLOOD ALCOHOL
CONTENT... IF YOU REFUSE TO A
BREATHALIZER DURING A D-W-I.
OUR TEAM ANALYZED AUSTIN'S DWI
CRASHES FROM THE LAST YEAR...
AND FOUND A 42 PERCENT AVERAGE
INCREASE ON "NO REFUSAL" DATES
COMPARED TO DATES WITH NO SUCH
ENFORCEMENT.SYDNEY:DESPITE LAW
ENFORCEMENT EFFORTS... TRAVIS
COUNTY PROSECUTORS TELL US THE
RISING NUMBER OF VEHICULAR
CRIMES IS AN "EPIDEMIC" --
WITH THE WORST CASES, KILLING
SOMEONE.ROBERT:BUT TONIGHT,
KXAN INVESTIGATOR BRITTANY
GLAS REVEALS A NEW, AGGRESSIVE
TEAM WORKING TO HOLD MORE
DRIVERS ACCOUNTABLE FOR THAT
DEADLY BEHAVIOR... IN COURT...
...AND HOPEFULLY WARN OTHERS
BEFORE THEY GET BEHIND THE
WHEEL.BRITTANY?BRITTANY GLAS:
"IT'S CALLED THE VEHICULAR
CRIMES SPECIAL PROSECUTIONS
UNIT......UNTIL NOW, THE D-A'S
OFFICE HASN'T HAD ANYTHING
LIKE IT. SINCE 20-13, THEY
BEEN 158 VEHICULAR FATALITY
CASES THAT HAVE BEEN RESOLVED
IN TRAVIS COUNTY. BUT ONLY 67
CASES -- A LITTLE MORE THAN 40
PERCENT -- HAVE BEEN
PROSECUTED TO A VERDICT OR A
PLEA. BUT, HERE'S THE BIG
CHANGE... A BULK OF áTHOSEá
HAPPENED LAST YEAR, WHEN THE
NEW ADMINISTRATION TOOK
OFFICE." MATTHEW FOYE, ASST.
DISTRICT ATTORNEY, TRAVIS CO.
PROSECUTOR: 09;49;17
"BASICALLY EVERYONE IN OUR
COMMUNITY IS A POTENTIAL
VICTIM OF ONE OF THESE CASES.
19 SO, 21 THE THREAT TO
EVERYONE IS VERY REAL. 23 IT'S
VERY CONCERNING." 24 BRITTANY
GLAS: DRIVERS... KILLING
INNOCENT PEOPLE EACH YEAR ON
TRAVIS COUNTY STREETS.MEASHA
SMITH, MOTHER OF VICTIM,
MALEECA SMITH: "I LIVE FOR
THEM. SO, YOU KNOW LIKE, WHAT
AM I SUPPOSED TO DO NOW?" ALI
GONSALVES, MOTHER OF VICTIM,
CLAYTON KELLER: "HE WAS MY
ONLY SON TAKEN TOO SOON AND
TOO SUDDENLY." BRANDI CLOPTON,
DAUGHTER OF MELISSA MARSHALL'S
VICTIMS, LYNNE M. AND JAMES
CLOPTON: 16;19;41 "WE LIVE
EVERYDAY NOT KNOWING WHY SHE
MADE SUCH A TERRIBLE DECISION.
WHY MY PARENTS HAD TO DIE..."
47 FROM FAILURE TO STOP AND
RENDER AID... TO CRIMINALLY
NEGLIGENT HOMICIDE... AND EVEN
INTOXICATION MANSLAUGHTER...
THE PUNISHMENTS FOR THESE
CRIMES -- UNDER SCRUTINY FOR
YEARS. GREG VAN COURT, PASTOR,
DAYSPRING FELLOWSHIP CHURCH,
VICTIMS' OLD CHURCH: 1:44
"TRAVIS COUNTY DOES NOT HAVE A
GOOD TRACK RECORD WHEN IT
COMES TO SENTENCING DRUNK
DRIVERS WHO KILL PEOPLE." 1:51
CRITICS OFTEN POINT TO THE
CASE OF GABRIELLE NESTANDE. IN
A 20-11 HIT-AND-RUN ACCIDENT,
SHE KILLED COURTNEY GRIFFIN --
A NANNY, OUT FOR AN EARLY
MORNING WALK.A JURY SENTENCED
NESTANDE TO PROBATION.
OR, THE CASE OF MADELINE
RACKLEY. DRAMATIC A-P-D VIDEO
SHOWS THE NIGHT IN 20-12 SHE
DROVE DOWN A BOAT RAMP INTO
LADY BIRD LAKE. A FRIEND IN
THE BACK-SEAT DROWNED. RACKLEY
SERVED JUST TEN DAYS IN JAIL.
LIKE NESTANDE... SHE WAS
DRIVING -- DRUNK. BUT -- IN
THE PAST YEAR -- UNDER A NEW
ADMINISTRATION... THE TRAVIS
COUNTY DISTRICT ATTORNEY'S
OFFICE IS GETTING MORE
AGGRESSIVE.WITH A REVAMPED
"VEHICULAR CRIMES - SPECIAL
PROSECUTIONS UNIT."MATTHEW
FOYE, TRAVIS CO. PROSECUTOR:
09;52;58 THIS TYPE OF CRIME IS
ENTIRELY PREVENTABLE." 09;53;01
MATTHEW FOYE -- WHO HEADS UP
THE UNIT -- WANTS TO SEND A
CLEAR MESSAGE TO DRIVERS:
MATTHEW FOYE, TRAVIS CO.
PROSECUTOR: 09;49;29 "IF YOU
COMMIT A VEHICULAR CRIME IN
THIS COUNTY, AND YOUR CONDUCT
FITS UNDER A FELONY STATUTE WE
WILL PROSECUTE YOU. 35 WE WILL
HOLD YOU ACCOUNTABLE BEFORE
THE COMMUNITY." 39FOYE SAYS --
HIS TEAM'S WORK BEGINS ON
SCENE... LAYING THE GROUNDWORK
FOR CASES THAT MAKE IT TO
COURT.HE'S ON-CALL 24--SEVEN.
MATTHEW FOYE, TRAVIS CO.
PROSECUTOR: 09;54;57 "YOU HAVE
THE SCENE ITSELF AN ACCIDENT
RECONSTRUCTION AND ANYTHING
PHYSICAL FORM THE VEHICLE.
09;55;01 YOU HAVE POSSIBLE
CHEMICAL EVIDENCE, BLOOD
ALCOHOL SAMPLES THAT HAVE
INTOXICATION. 06 YOU HAVE
WITNESSES TO TALK TO."
09;55;07 MATTHEW FOYE, TRAVIS
CO. PROSECUTOR: 09;44;59 "IF
WE CAN CREATE MORE THOROUGH
INVESTIGATIONS WITH STRONGER
EVIDENCE, 09;45;04 THEN WHEN
WE PRESENT THESE CASES TO THE
JURORS, 06, THEY WOULD BE
MAYBE MORE LIKELY TO GIVE A
HARSHER SENTENCE." 09;45;10IT
HAPPENED IN DECEMBER... WHEN A
JURY SENTENCED SHAWN AMENDE TO
28 YEARS IN PRISON FOR KILLING
MALEECA SMITH IN 20-15...
DRIVING DRUNK IN NORTH AUSTIN.
GREGORY HARRINGTON, UNCLE OF
VICTIM: 18;46;51ISH "WE HOPE
THAT HE'S BEHIND BARS FOR A
LONG TIME. 53 JUST SO HE CAN'T
IMPACT THE LIVES OF ANYBODY
ELSE, 56, NEGATIVELY LIKE
THIS." 57 FROM 20-13 THROUGH
20-16, THE D-A'S OFFICE ONLY
PROSECUTED BETWEEN 8 AND 14
FELONY VEHICULAR FATALITY
CASES EACH YEAR... UNTIL THE
NEW UNIT LAST YEAR... WHEN WE
SAW A SHARP INCREASE... TO 22
CASES CLOSED.TO ACHIEVE THAT
RESULT AND GUARANTEE TIME
BEHIND BARS AT ALL... FOYE
SAYS, IN SOME CASES, PLEA
DEALS ARE NECESSARY. MATTHEW
FOYE, TRAVIS CO. PROSECUTOR:
09;46;20 "ONE OF THE PRIMARY
ROLES OF PROSECUTOR IS TO
ASSESS THE LIKELIHOOD AT TRIAL
OF GETTING A CONVICTION IN THE
FIRST PLACE." 26 LIKE THE CASE
OF MICHELLE ORDUNA.DRIVING THE
WRONG-WAY ON I--35 IN 20-15,
SHE HIT CLAYTON KELLER'S
CAR... HE DIED ON SCENE.THIS
MONTH, ORDUNA ACCEPTED A DEAL
FROM THE D-A... PLEADING
GUILTY TO INTOXICATION
MANSLAUGHTER... AND SENTENCED
TO NINE YEARS IN PRISON.SARAH
KELLER, WIFE OF VICTIM CLAYTON
KELLER: 10;05;55 "YOU ARE
LIVING WITH A NINE-YEAR
SENTENCE WHILE WE ARE STUCK
HERE LIVING A LIFE SENTENCE."
10;06;02 IT WAS A PLEA DEAL
THAT DID NOT SATISFY KELLER'S
FAMILY.SARAH KELLER, WIFE OF
VICTIM CLAYTON KELLER:
10;05;31 "I HOPE YOU KNOW THAT
YOU'RE GETTING OFF EXTREMELY
EASY." 35 ... SARAH KELLER,
WIFE OF VICTIM CLAYTON KELLER:
10;05;37 "THERE ARE PEOPLE
THAT ARE SERVING A LOT LONGER
SENTENCES THAN YOU 41 ... 44
THAT HAVE DONE THE EXACT SAME
THING." 46 FOYE SAYS -- HE
UNDERSTANDS THE COMMUNITY IS
READY FOR HARSHER SENTENCES
FOR THESE CRIMES... AND THAT'S
HIS GOAL -- AS THE UNIT MAKES
MORE PROGRESS.MATTHEW FOYE:
09;44;20 "A LOT OF THE EFFORTS
THAT WE'VE BEEN WORKING ON IN
VEHICULAR CRIMES SPECIAL
PROSECUTION HAVE BEEN TO SORT
OF KIND OF 27 RAISE THOSE
INITIAL PUNISHMENT
RECOMMENDATIONS." 29WITH THE
HOPE OF PREVENTING TRAGEDY FOR
OTHER FAMILIES IN THE FUTURE.
SARAH KELLER: 10;06;15 "MY SON
AND I HAVE TO LIVE WITH THE
CHOICE YOU MADE. 18 SNIFFLES.
20 WE HAVE LOST SO MUCH MORE
DUE TO YOUR DECISION OF
DRIVING DRUNK. 24 / 25 I LOST
MY HUSBAND AND OUR SON LOST
HIS DAD." 28 BRITTANY GLAS:
PROSECUTING THESE TYPES OF
CRIMES IS CHALLENGING ENOUGH.
AND POLICE ALSO HAVE THEIR OWN
CHALLENGES. TAKE THE NUMBER OF
CALLS FOR A-P-D RESPONDED TO
FOR "FAILURE TO STOP AND
RENDER AID," FOR EXAMPLE.
SINCE 20-15 THERE HAVE BEEN
849 CALLS... BUT THEY'VE ONLY
BEEN ABLE TO MAKE 148 ARRESTS.
THAT'S WHERE THE STATE HAS
STEPPED IN TO TRY TO HELP. IN
RECENT YEARS, THE LEGISLATURE
ACTUALLY......INCREASED THE
PENALTY FOR THAT CRIME -
MAKING IT EQUAL TO THE
PUNISHMENT FOR "INTOXICATION
MANSLAGHTER" - A SECOND-DEGREE
FELONY. THE HOPE -- MORE
PEOPLE WILL CONSIDER THE
CONSEQUENCES BEFORE FLEEING.
IN AUSTIN. BRITTANY GLAS...
...KXAN INVESTIGATES. BACK TO
YOU.ROBERT:THANKS, BRITTANY.IF
YOU THOUGHT THE NUMBER OF
"FAILURE TO STOP AND RENDER
AID" CALLS WAS STAGGERING...
CONSIDER ANOTHER CRIME.SYDNEY:
AUSTIN POLICE......HAVE
FIELDED MORE THAN 68-HUNDRED
CALLS FOR SOMEONE "LEAVING THE
SCENE OF A CRASH" IN JUST THE
LAST TWO-AND-A-HALF YEARS.IF
YOU MISSED LAST NIGHT'S
REPORT......ON THE
EFFECTIVENESS OF LAW
ENFORCEMENT'S "NO REFUSAL"
INITIATIVE, WE HAVE A LINK TO
Akins High School mother talks about her concerns about how school handled lockdown Number of DWI crashes during Austin No Refusal days are higher than on regular days Number of DWI crashes during Austin No Refusal days are higher than on regular days Parents and students react to how Akins High handled threat East Austin’s Nubian Queen Lola’s restaurant finds new home in Taylor One person killed in crash on RM 620 near Mansfield Dam Parents waiting outside Akins High School during a lockdown at the school Parents wait for their students following lockdown Community crime map shows every crime in Pflugerville Billy Graham TV Ministry volunteers reflect on Graham's message

Prosecutors seeking stiffer penalties for drivers who cause deadly crashes

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