I am working on some stats regarding cases where the operation of a motor vehicle resulted in a fatality (or more) and the case was prosecuted as a Felony Murder as opposed to the traditional Intoxication Manslaughter, Evading Fatality, Racing Fatality, Injury to a Child, etc. Please either post a reply here or email me off list with any convictions that you are aware of in your jurisdictions and what the sentence was. I am familiar with many of these convictions from other jurisdictions, but would like to get a statewide summary here....

For example, in my jurisdiction (final results not in yet) we have the following results:

DWI3rd: 5 cases (65 years, 55 years, 40 years, 35 years, and 20 years)
Evading: 3 cases (27 years, 13 years, 1 not in)
Injury to Child: 1 case (12 years)

We have had four that I am aware of. One has gone to trial and was affirmed on appeal. One the Defendant died of cancer before he could be tried. Two more are currently pending.

We have had one here in Johnson County, the defendant got 28 years from the jury. It is pending appeal.

Warren, I know you probably have it in your stats already as you helped us prepare the case, but I want to brag on my boss Wharton DA, Josh McCown and our Wharton County jury.
After 2 Texas priors and 2 Georgia priors, def., while intoxicated, killed an off-duty ISDPD Chief in a head-on wreck...Jury gave him 90 for the Felony Murder, even with no prior felony record.

In Lampasas County: One Crash resulting in two Deaths. The two indictments alleged three counts: Felony (DWI w/ child passenger) Murder, Intox-manslaughter, and Manslaughter. The defendant had no prior record. In a bench trial he was convicted on all counts and sentenced to 18 years to run concurrently. The defense never complained at trial or on appeal, but the Court of Appeals vacated the Intox and manslaughters as Double Jeopardy.

If I had it to do over, I would indict one Intox and one murder. As it is, if the defendant picks up a DWI after he is released, he will have to be prosecuted for a DWI FIRST Offense.

[This message was edited by John Greenwood on 12-10-08 at .]

Hello Warren,

I had one in Andrews County.

I filed it in 2003 and he was convicted by a jury in 2004. He went to the judge for sentencing and received 50 years.

The case has been upheld on appeal.

John L. Pool

Currently have one indicted for felony murder for killing the 8 1/2 month old unborn fetus of the mother. She was due to deliver the next week by c-section and it was her first child.