Defendant had two beers before fatal wreck

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A man on trial for intoxicated manslaughter cracked open three beers while driving through Victoria and finished two, he said in court Wednesday.

Bryan K. Brown, 41, of Morrow, La. is charged with causing a wreck that killed Vanessa Jasso, 24, and Rudy Flores, 52. The wreck also severely injured Jasso's 6-year-old son, Jacob Amezquita. Jasso, Flores and Jacob all lived in Victoria.

Brown was in Port O'Connor working on an offshore oil platform around the time of the June 7, 2007 wreck, he said. His co-worker Larry Temple asked Brown to drive him to a shop to get his cell phone fixed. Fellow worker Dan Brown, who is not related to the defendant, accompanied them.

Brown had never been to Victoria before the wreck, he said. He was unsure of the speed limit on Delmar Drive, where the crash happened. The men were headed back to Port O'Connor when the wreck occurred.

"I looked as far as I could down the road , looking for any lights," Brown said. "It gave me the impression it was a main throughway."

The instant before the wreck, Brown said he was trying to rouse Temple to ask him to put on his seatbelt. Dan Brown tapped Bryan Brown to warn him about the truck, driven by Jasso, that was crossing the intersection of Lone Tree Road, the defendant said.

"I didn't realize there was a stop sign until after the wreck," Brown said. After his truck stopped, Brown looked back and noticed the four-way stop signs. He then ran to the other truck, where he found Jasso, Flores and Jacob.

All three men had been drinking that afternoon, Brown said. Dan Brown and Larry Temple went inside a Valero store to ask directions when they got to Victoria, the defendant said. While they were inside, Brown said, he helped a woman fill her tires at the air pump.

The passengers returned with a 24-pack of Budweiser and Doritos, Brown said.

When Dan Brown testified, he said the defendant and Temple bought beer at a convenience store later in the day.

Bryan Brown sipped his first beer while waiting for Temple to leave the phone store, he said. He could not recall when he started to drink his second or third beer, he said.

Before heading back to Port O'Connor, Brown stopped at Goodwill to buy a pair of shorts, he said. He left a partially full beer in the car.

"When I got back out, I took a sip of it and it had already started to get hot," he said. He threw it into a small cooler by his feet, Brown said, where he had put his two other empty cans.

The three crushed cans pictured in a police photograph of the cooler jibe with Brown's count. But Brown's testimony didn't explain the empty beer can near his feet, prosecutor Eli Garza pointed out.

Brown said he did not know how the can got there.

Garza also questioned why the water in the cooler appeared to be clear if Brown had thrown a half-empty can of beer into it.

"Does that water look yellow to you sir?" Garza asked.

"Not very much," Brown said.

Garza asked Brown if he often drank beer while driving.

"No, I don't do much drinking," Brown said.

"I mean, you wouldn't have a couple of beers in your truck with your family inside?" Garza said. Brown is married and the couple has two sons.

"No, sir," Brown said.

All three men lost their contracts at the offshore platform because of the wreck, Brown said. Brown was not sure of the official reason given for his termination.

"When you all were driving around here in Victoria, was that company time?" Garza said.

"Yes, sir," Brown said.

"Are you allowed to drink on company time?"

"No, sir."

During the trial, prosecutors have appeared frustrated by the Victoria Police Department's handing of evidence. Brown's blood sample sat at the Victoria Police Department for three months before it was sent for analysis.

Garza also questioned why beer cans weren't collected as evidence and more pictures weren't taken of the scene.

  • What's next:

    The reading of the charges and closing arguments are scheduled for 9 a.m. Thursday in District Judge Robert Cheshire's courtroom. The jury will deliberate after the arguments.



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Comments

  • Thank god he was found guilty! But he admitted to having 2 1/2 beers... and he's found WITHOUT intoxication... ? Yeah he might not have been drunk... but HE WAS ON COMPANY TIME DRINKING AND DRIVING!!!

    All I can say is THANK GOD he was found guilty... and pray for Jacob. Hopefully he is doing okay!

    January 22, 2009 at 8:35 p.m.
  • huh?

    January 22, 2009 at 6:28 p.m.
  • it's amazing how people can were these shoe's since they are so hard to fill.Through experience my own personal experience has everybody forgot that she had a son he had 2 beers he was still drinking what about him jacob he was innocent lets pray that he will be ok

    January 22, 2009 at 6:13 p.m.
  • When this wreck occurred, in 2007, Chief Ure hadn't been on the job for very long... so how can he be held responsible?

    Clearly, the defendant is responsible for this act:
    1. He was NOT paying attention to where he was driving.
    2. He was travelling at a speed higher than the posted limit.
    3. He freely admitted that he had drank "2 1/2" beers.
    4. He failed to yeild right of way to Jasso's vehicle at a 4-way stop.

    So regardless of the glitch with the blood work, if I were sitting on that jury, I'd still find him "liable" for the deaths of Flores and Jasso and the injury to the little boy. Even if I believed he was sober. Even if I believed that the VPD screwed up the blood sample.

    Keep in mind that (not necessarily in this case, but in others) the prosecutor has been known to "misplace" documents,and "miss" getting the conviction due to --- not incompetence, but plain old human error. No one, not even Steven Tyler, is infallible.

    Lets not be too hard on VPD.... or on the prosecutor -- why not focus the anger where it belongs: On the idiot who killed 2 people!

    January 22, 2009 at 5:07 p.m.
  • No evidence was ever presented that the "blood sat too long" to get a good reading. Yes, there was a long delay, but no evidence showed it had an impact on the alcohol reading. The defense attorney may have successful, though, in planting that idea in jurors' minds by his questions...but he did not have any proof that it was true.

    This was truly a substandard investigation. Who will be held accountable??? Chief Ure? Training Officer Buentello? Who???

    January 22, 2009 at 4:02 p.m.
  • I thought I read that the tech was a VPD employee. And as far as the sobriety tests that this driver reportedly "passed"...are we not sure that the officers knew what they were looking for in these tests?

    January 22, 2009 at 3:31 p.m.
  • VPD should of followed up on this. They dropped the ball.

    January 22, 2009 at 2:11 p.m.
  • As i recall it was a tech not VPD.

    January 22, 2009 at 1:16 p.m.
  • You all do not know if it is BS or not. You were not there. This is why we have courts. Let them decide their fate.

    He passed the tests which he did not have to take. The blood sat too long to get a good reading. I bet he goes free. Then instead of throwing the book at this man, why don't you take aim at VPD!!!!

    January 22, 2009 at 1:08 p.m.
  • what a "crock".........throw the book at him!!!!!!!!!!

    January 22, 2009 at 9:09 a.m.
  • A very very poor judgement Call and a Costly one at that.

    January 22, 2009 at 6:33 a.m.
  • Let's see --- he was on company time, running around Victoria, purchasing alcoholic beverages and consuming alcoholic beverages --- he wasn't sure of the speed limit on Delmar Road so he was speeding --- he didn't see the stop sign, OR the other truck at the intersection --- but he only drank 2 beers.... hmmm. ok. And if he can't figure out why he got fired after the wreck, he's either lying or is a complete moron! That company (which has deep pockets) wanted to put as much distance between the defendant and themselves as possible, before they got sued!

    January 21, 2009 at 8:41 p.m.
  • As a cop told me one time, every drunk driver has "only drank two beers". What bullshit.

    January 21, 2009 at 7:13 p.m.