MARCH 15, 2007
A Jefferson County grand jury Thursday indicted a Port Neches man in the December deaths of Rowena Dupuis and her daughter Karmen. The two were driving in a vehicle in the 600 Block of Magnolia on December 1 when authorities say 27-year-old Colin Romero ran a red light and collided with the Dupuis. vehicle. Romero was indicted on two counts of reckless mansluaghter.
Vehicular or Intoxication manslaughter is a kind of manslaughter, which holds persons liable for any death that occurs because of criminal negligence or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influence (or driving with .08% blood alcohol content), although an independent infraction or negligence is usually also required.In some states, such as Texas, Intoxication Manslaughter is a distinctly defined offense. A person commits intoxication manslaughter if he or she operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
[1] Intoxication manslaughter, vehicular manslaughter and other similar offenses require a lesser mens rea than other manslaughter offenses. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.
[2] For example, in Texas, to prove intoxication manslaugher it is not necessary to prove the person was negligent in causing the death of another, only that they were intoxicated and operated a motor vehicle and someone died.
1. ^ Tex. Penal Code § 49.08.
2. ^ TEX. PEN. CODE ANN. § 49.10; see also Nelson v. State, 149 S.W.3d 206, 211 (Tex. App.-Fort Worth 2004, no pet.).
We've met them all and we are together now.
Larry Dupuis
Mrs. Ruby Myers
Waylyn Thompson, Assistant District Attorney
Jefferson County, Texas
Mr. Thompson is the prosecutor assigned to the case of State of Texas v. Colin Romero. We are hopeful that true bills are handed up from the grand jury indicting Romero for intoxication manslaughter times two. He is indicted for reckless manslaughter as of March 2007. News will be posted as it becomes available.
Kathy Bell-Schexnaider
Executive Director - MADD
Golden Triangle Beaumont Office
Mothers Against Drunk Driving
5825 Phelan Blvd. Suite 106
Beaumont, Tx 77706
Phone: 409-896-2245
FAX 409-896-5075
- Get Your Own