Man guilty of manslaughter without intoxication

Prosecutor claims he went to trial without wanted evidence

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Bryan K. Brown was responsible for the wreck that killed two Victoria residents in June 2007, but the jury did not find he was intoxicated at the time.

The jury deliberated for more than three hours before finding him guilty of manslaughter in the wreck that killed Rudy Flores, 52, and Vanessa Jasso, 24.

The 41-year-old Morrow, La., man was found not guilty of intoxicated manslaughter in both deaths, and not guilty of the intoxicated assault of Jasso's son 6-year-old Jacob Amezquita. Jacob was severely injured in the wreck.

The jury also found Brown used his truck as a deadly weapon.

Prosecutor Eli Garza acknowledged he went to trial without evidence he would have liked. During the trial, he scrutinized police work on the case because finding justice was more important than sparing feelings, he said.

"You should not hold the clearly substandard investigation against the victims," Garza said during closing arguments, echoing defense lawyer George Filley III's earlier description of the police work in this case.

Filley showed jurors a list of problems with the investigation that filled a page. Among his complaints:

Police did not seize Brown's truck and search it for clues of speeding or sudden braking.

Prosecutors did not produce a video comprised of still images from a convenience store. Filley introduced that video into evidence Wednesday.

Police did not videotape the scene, interviews with the defendant or witnesses, or the defendant's field sobriety test.

Police did not administer a portable breathalyzer test at the scene.

Several officers did not write reports about the wreck.

Police did not photograph the scene of the crash from several angles.

Filley also attacked the way the blood sample was collected. Brown signed a form for a blood sample that's taken involuntarily after arrest. Brown was not arrested on June 7, 2007, the day of the wreck. Once the blood was drawn it was stored at the Victoria Police Department for 102 days before it was sent away for testing.

"Is this the kind of investigation, the quality of investigation, I would want to be conducted and presented to 12 people to decide my fate if I were ever in Bryan Brown's position?" Filley told the jury to ask themselves.

But the evidence included more than evidence collected by police that day, Garza said.

Several witnesses testified they saw the truck driven by Brown speed and weave south on Delmar Drive before broad siding the truck driven by Jasso as it crossed the road. Witnesses said Jasso halted at the four-way stop at the intersection of Lone Tree Road.

"We, unlike others, will not overlook the issues in this case," Garza said.

A note from the jury at about 4:15 p.m. asked about the question of Brown's truck as a deadly weapon, suggesting they would find him guilty of at least one count.

The jury sent another note at 4:50 p.m., which said they would announce their verdict after a 10-minute break.

Brown's wife grasped her shaking hands beneath her chin, her knuckles popping through white as she waited in the courtroom. Across the aisle, the victims' families whispered quietly.

The crowd accepted the verdicts silently, as directed by District Judge Robert Cheshire.

  • WHAT'S NEXT

    The sentencing portion of the trial begins at 9:30 a.m. Friday in Judge Robert Cheshire's courtroom. The testimony is expected to conclude by the end of the morning. The jury can consider a sentence of between two and ...

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  • WHAT'S NEXT

    The sentencing portion of the trial begins at 9:30 a.m. Friday in Judge Robert Cheshire's courtroom. The testimony is expected to conclude by the end of the morning. The jury can consider a sentence of between two and 20 years in prison for each of the the second-degree felonies.



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Comments

  • Mistakes will continue to be made. This is not the first time VPD officers have been "burned on the stand," so, yes, they must easily forget or simply don't care. Why? Lack of training, you betcha! Lack of guidance, you betcha! In the end, it can and will add up to laziness.

    January 23, 2009 at 10:10 p.m.
  • I was just reading all the comments and the article on this case. From what I gathered I didn't actually see what was so horrible with the VPD investigation. Someone had mentioned a tainted blood sample due to it taking 102 days to go to DPS. That could have been easily proven to be a good blood sample if the DA's Office had subpoena a blood expert to testify. In regards to the truck being impounded, why? There is no reason to impound a vehicle for a intoxicated manslaughter case, when the speed and factor of the accident can be determined by simply measureing skid marks and the extent of damage on the vehicles. As for there not being enough photographs how many do you need, one photo is good enough to show one vehicle crashed into another, if you can't see that in one photo get some glasses. People are right in saying any investigation could be better and the VPD is full of inexpierenced Officers, but if the City paid them equally to Cities of equal size and workload maybe just maybe Officers would stick around longer and the VPD would have a good expierenced Police force. There were flaws in both the VPD and the DA's Office and for people blaming one and not the other is just stupid. The simple fact is if people just followed simple and reasonable laws tragedies like this would not happen.

    January 23, 2009 at 9:45 p.m.
  • the experience of much of vpd's patrol officers is illustrated by cases like this. unfortunately, while officers may mean well, sometimes their inexperience dealing with a particular type of case case ruin that case.

    It is no intention of any victoria police officer to do shoddy work. the problem is lack of appropriate training and guidance. officers don't come out of the academy knowing how to handle every call. just doesn't happen that way.

    sometimes, unfortunately, but realistically, this is a learning experience. officers are doing the best that they KNOW how to do. you probably won't see these mistakes again. once you get burned on the stand, it is not something one easily forgets.

    again, officers are people, and like all of us, they make mistakes. that is different that officers who go to a scene without any concern for the lifes of citizens and who don't care about the investigation.

    evidence of mistakes? sure! lots of them...evidence of corruption and laziness? let's see it.

    January 23, 2009 at 9:15 p.m.
  • I guess now we see what Tyler saw in the beginning of his administration, as far as cases not being investigated as thoroughly as they should. Maybe if the VPD would have worked with him in the beginning of all of this instead of crying to their new chief that "The DA wants us to do investigations", things could have turned out better. I bet the VPD never even called the DA's office for help in this situation either, and if they did it was already too late.

    January 23, 2009 at 7:40 p.m.
  • Anyone who was in the courtroom during the closing arguments Thursday would know that George Filley spent over an hour (well over his 45 minutes allotted) dragging the Victoria Police Department through the mud. His entire defense was that police ineptitude equals reasonable doubt.

    You can't ignore the two week long butt-kicking that the Mr. Filley, a former Victoria district attorney, gave VPD in this case. The DA's Office shouldn't be expected to DEFEND the shoddy work of law enforcement while PROSECUTING the alleged criminal at the same time. Mr. Garza did the only thing reasonable, and that was to prove criminal homicide despite the mistakes made in the investigation.

    January 23, 2009 at 7:04 p.m.
  • Yo Yume - Mr. Garza wasn't on a plight to make the VPD look bad..they don't need anyone's help and have accomplished this on their own. Sicky, didn't forget about you either. From what I know about this (yes, I do know something) is that an accident reconstructionist has success if the initial collision is investigated correctly. Seems I read that this was not accomplished.

    January 23, 2009 at 6:43 p.m.
  • southtexasguy....yes the da has investigators who do not show up to accidents, but are you aware that Investigator Duke is a accident reconstructionist. He is employed with the da's office as a investigator. Where was he since he is at their disposal.

    January 23, 2009 at 6:09 p.m.
  • I don’t give a rats *** about Bryan. He is not like us. He killed while drinking and driving in a deadly manner. He is the reason two people are dead and a child is orphaned. Thanks for your concern for this child and other family members of the dead. VPD did not make a mistake like Bryan. Bryan killed, VPD blew their job responsibilities.
    I could care less about Bryan or his family.
    BRYAN KILLED MORE THAN TWO INNOCENT PEOPLE.

    January 23, 2009 at 3:41 p.m.
  • you know Vanessa was a very close friend basically family and im glad that FINALLY this man will be put away. im glad that nessa will finally get justice, something that shoulda been done a while ago not almost 2 yrs later. but better late than never. you all that sit here and say oh well we all have one or two beers and well hes like all of us NO hes not and he didnt just have one or two he was intoxicated. and the people who are left to suffer with his not so good decisions to drink and drive are the family members and friends of the victims not to mention a little boy who now is scared for life and without a mother. yes his family may suffer oh wow he may be in prison for the rest of his life but they can still visit his sorry ass.. well never see vanessa again and J will never forget this.... soooo.. yea think about that before you say or comments when you dont truley know what its like dont just assume we ALL are like HIM.

    January 23, 2009 at 1:53 p.m.
  • Your friend, Bryan K. Brown, was speeding (by his own admission). Bryan K. Brown was drinking, while he was speeding (by his own admission). He's not like me...I don't drink and drive. I don't speed through unfamiliar towns while drinking.

    I have no doubt he feels terrible. That should not excuse his actions. Whatever misery he has brought down upon himself...and his family...and his victims' families...he has no one to blame but himself.

    January 23, 2009 at 1:27 p.m.
  • Bryan Brown is no different than any of us who drive on a hwy. that we are unfamiliar with, and some of us have had a drink or two prior to getting behind a wheel, but are not intoxicated. You or your children, your spouse or your parents, your friends or children of your friends have the same chance of this happening and they too could be the good person, fine husband and wonderful father that I know Bryan to be. He and his family and the rest of the world feel deeply sorry for the victims, but some things are impossible to change. If Bryan could go back and undo the hurt he's caused his and the victims families, he would do so in a heartbeat. In the meantime he and the rest of us have been praying that the jurors and judge consider that this was a terrible accident, not a premedited malicious act! Never mind the VPD, they made mistakes just like Bryan did, and just like all of us do on any given day. It was never Bryan's intention to hurt anyone and I pray that his wife Erin, his boy Justice who is 10, and little Julian who is 4 will be able to survive whatever the court decides.

    January 23, 2009 at 1:18 p.m.
  • I DO NOT WANT TO SEE THIS HAPPEN, but watch the guy get probation. If this happens its because that is what the jury gave him and not the prosecution or judge.

    January 23, 2009 at 1:04 p.m.
  • darlins64...please point out ONE instance in which I blamed VPD for the accident itself. ONE INSTANCE!! Please.You can't do it...because I never have. All of my comments have had to do with the aftermath of the accidentitself.
    You may think justice was done, or there was a "victory" simply because a conviction was attained...I don't.
    As for perpetuating the feud between the DA and the VPD...I'm stating my opinions. Are you the moderator who decides when and where a topic should  be discussed ? Get over yourself.

    January 23, 2009 at 12:53 p.m.
  • I'm sorry STG, but your comments come across to me as if you are blaming VPD for this whole tragic incident. It was no fault of VPD as I have pointed out. -- VPD was not involved prior to the accident. Two people are dead and a little boy is left an orphan because of the defendant.

    The defendant was found GUILTY of manslaughter -- to me that is a victory to the prosecution!

    This isn't the proper forum in which to perpetuate the ongoing "feud" between VPD and the DA's office. It's disrespectful to the REAL victim here -- an 8 year old boy who lost his mother and nearly lost his life! Parents who lost a daughter, friends who lost a friend.... Think of them and wonder what they think when their daughter's death is being used as a way to fan the flames of this ongoing idiocy!

    I have not read whether or not a sentenance has been handed down or not, but lets hope that it fits the crime!

    January 23, 2009 at 12:35 p.m.
  • Thank you for the clarification. That makes sense. Your frustration is apparent so you must be pretty close to the fire.

    January 23, 2009 at 11:26 a.m.
  • yosolatina...yes, the DA does have investigators. However, the DA investigators do not show up at auto accidents...they don't take reports from witnesses at the accidents...they don't take pictures at the scene of the accident...they don't take people to the hospital for blood tests...they don't send those blood tests to labs to be tested. Those are all the responsbilities of the police department.

    The DA investigators come into the picture later...after the case has been prepared by the police department and submitted to DA's office. Then , they are responsible for helping the prosecutor with the case. However, their abilities to help are sometimes constrained if the basic, primary investigation by the police department (at the scene of the accident and later, in preparing the case for submission to the DA) is flawed...as it was in this case.

    January 23, 2009 at 10:31 a.m.
  • I hope both families find some type of peace and are able to move forward with their lives. I am so saddened to see the fighting and finger pointing among those that really need to be working together. On a side note, doesn’t the DA's office have law enforcement on staff as paid investigators? What is their role in preparing the cases for trial? Can all the blame be put on VPD? Surely the prosecutor himself could have gathered some of that evidence. Just some food for thought.

    January 23, 2009 at 10:20 a.m.
  • southtexasguy: As far as this particular case is concerned, I believe its six of one half dozen of another as to whether or not it would have made a difference if the prosecution or defense brought up the problems. I'm simply saying that this case may have provided the definitive opportunity for the PD to be discredited. The case has drawn a great deal of public attention and the timing is ideal. I am not on anyone's "side" because I don't know all the details. I'm just a thinker, and like you I am anxious to hear Ure's comments.

    January 23, 2009 at 10:13 a.m.
  • gimmeabreak...are you serious? Do you think more harm was done by the DA acknowledging problems with the case than if the defense attorney had done it?? Do you not think the defense attorney would have shredded the VPD on the stand even more than Mr. Garza did if they had the opporunity to bring out these issues?
    And, yes....it was a "less than perfect investigation". In fact, it was far from even being a satisfactory investigation.
    I'm still waiting for Chief Ure to make a comment on this...let's see if he thinks it's a conspiracy against his department.

    January 23, 2009 at 9:58 a.m.
  • darlins64...I blame the VPD for the crappy investigation they conducted, which led to this man being convicted of a lesser charge than he should have been. I blame the VPD for the apparent unwillingness to change their ways...this is not the first time their investigative abilities have been called into question. And I blame the VPD administration for turning a blind eye to to these problems.

    Yes...the prosecutor did a great job working with what he had. Yes, a conviction was attained. But can you truly say that justice was done??

    January 23, 2009 at 9:53 a.m.
  • I already know my comment will stir the pot, but that's part of the fun!

    Could this be some leftover fallout from the DA's Office vs PD? The prosecutor was trying to publicly discredit VPD during this case, and judging by the remarks I've seen on here, he succeeded. The prosecutor was the one exploiting "mistakes" made by the PD. I'm not saying the PD conducted a perfect investigation, but when errors are addressed in certain ways (especially when addressed by someone on your "own team") they can appear worse than they really are.

    Perhaps this was done to taint public opinion of the PD shortly before the upcoming trials involving the city officials. Sounds like an effective strategy, huh? Don't let yourself fall into their trap; remain open-minded! Not trying to sound like a conspiracy theorist, but it is something to think about...

    January 23, 2009 at 9:52 a.m.
  • WHAT ABOUT THE DEAD VICTIMS. WHAT ABOUT THE 6YR OLD
    CHILD? WHAT ABOUT THEM? WHAT IF THEY HAD BEEN YOUR
    FAMILY? GOD BLESS THEM.

    January 23, 2009 at 9 a.m.
  • VCC, not that it has *anything* to do with the case at hand, Chief Ure was indicted for perjury (lying) but has yet to be convicted.
    I don't understand why all the anti-VPD people on this forum want to blame that department for this case. Yes, obviously there were some issues. Why not, instead, focus on the fact that Mr. Garza was able to get the conviction of vehicular manslaughter!
    Think also about the victims of this case: 2 people lost their lives - a little boy was severely injured and lost his mother! How is that the fault of the VPD? Simple answer, it isn't.
    Thankfully the jury was able to see that Mr. Brown was negligent in this matter without the intoxicated charge. YES, obviously the investigation had some discrepancies, but there was a conviction regardless... Be Thankful Mr. Garza was a good enough prosecutor to see to that!
    This isn't about the rift between VPD and the DA's office! This is about two lives lost, one life irreparably and drastically harmed by one person's act of stupidity!
    I hope that the families of the victims will find some measure of closure from this verdict, and begin rebuilding their lives. May God Bless you all.
    I hope that Mr. Brown and his family will now see how careless actions can't be undone. I hope that he begs forgiveness from the families of his victims, and I hope they give it!

    January 23, 2009 at 8:56 a.m.
  • Nope! Instead, Ure goes on the news several nights ago speaking about a multi-agency gang task force and twisting it to seem that it was his idea. In fact, I found out this particular task force has been around since the late 1990's. So, if the VPD officers are looking up for leadership they are actually looking up to a liar (isn't that what he is indicted for, anyway?).

    January 23, 2009 at 8:21 a.m.
  • I agree...Bruce Ure needs to "man up" and publicly acknowledge that he screwed this up because of his lack of leadership and the fact that he is looking out for himself only and not the people that pay their life on the line for him every day. People of Victoria!!! Wake up and get mad at this guy.

    January 23, 2009 at 8 a.m.
  • Some people criticize the DA's office for not caring about victims and their families. I wonder if the VPD is doing any soul-searching this morning. Do they care about the victims? Their families?  Let's ask the victims' families who they think did more for them, and tried to attain justice for them..the DA's office or the VPD?
    How about getting a public statement from the Police Chief about this case? What does he have to say about the quality of the police investigation, from the technicians all the way up? What does he plan to do to remedy the situation?

    January 23, 2009 at 7:50 a.m.
  • Guilty? Wow!!

    January 23, 2009 at 2:39 a.m.
  • Sounds like there is a leadership issue occuring at the PD. I wonder is the problem due to lack of training on written department policy and procedures. All training should be requiring a passing score on written test.

    January 23, 2009 at 12:39 a.m.
  • Is there a list of what VPD did right? It is amazing Mr. Garza got a guilty verdict in this case. Heads should roll at VPD.

    January 22, 2009 at 8:26 p.m.