Does the sentence fit the crime?

Probation for wreck that killed two is too light, victims' families say

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Three rows packed with victims' families quietly but audibly sighed as the judge read Bryan K. Brown's punishment Friday.

Brown, 41, will serve 10 years probation for the wreck that killed Rudy Flores, 52, and Vanessa Jasso, 24, and severely injured her 6-year-old son, Jacob Amezquita. A jury found the Morrow La. man guilty of two counts of manslaughter Thursday and sentenced him Friday.

Jacob, now 7, was the only person in his mother's truck to survive the wreck. He stayed in San Antonio hospitals for three months, getting well enough to eat and talk again. Jacob remained wheelchair-bound for months after he returned home to Victoria.

"Jacob has brought a lot of joy into our lives," said Gloria Trevino, his great-aunt and legal guardian. "Everything is because of him."

The obvious marks of the wreck have faded. Jacob threw away his neck brace with joy. More than walking, he runs and bounces, but as young boys go, he's careful. He knows falling hard or damaging his still-scarred neck is forbidden. He expects physical therapy in his weekly schedule.

He misses his mama, her laughter most of all.

But it's hard to catch Jacob in a moment when a smile doesn't round his full cheeks, though he studies questions with a child's intense scowl. His brows scrunch below his glasses when telling the keys to tortilla making - an art Trevino coaches him in.

"Ok, Mom?" he said, deferring the question after a moment's thought. He calls Trevino mom, now, and her boyfriend, Richard Elizalde, is dad.

"I became a mother on June 7," Trevino said.

Jasso and Jacob were about a block away from their home that day in 2007. Flores, a family friend, was riding with them, on his way to work. Jasso was driving across Delmar Drive at Lone Tree Road when Brown's truck hit hers, crumpling first the driver's side door, smashing Jasso's body so she died within minutes, jarring Jacob's skull from his spinal column and causing Flores' injuries that killed him within hours.

Brown was driving south on Delmar Drive, with two coworkers, trying to get back to Port O'Connor. He drove faster than the speed limit on the unfamiliar road, he said earlier in the week, and he ran the stop sign.

The jury found him not guilty of intoxication manslaughter, although testimony showed he had been drinking beers.

Evidence that could point to intoxication had been compromised or not collected, the trial revealed.

"It was just a lack of effort by the police department," said Tony Flores, Rudy Flores' younger brother.

"We are not satisfied with the work they have done here," said Lilly Sanchez, Jasso's stepmother. Both applauded prosecutor Eli Garza's work on the case.

The trial lasted two weeks, although testimony in the sentencing phase was finished in minutes.

Brown's wife, Erin Brown, was the only witness to speak Friday.

"He's pretty much said to me he has no more feelings of joy, because he took that away from Miss Vanessa and Mr. Rudy," Erin Brown said of her husband.

Judge Robert Cheshire asked her to repeat herself because her words were inaudible through tears.

Brown's lawyer, George Filley III, asked the jury to consider a sentence of 10 years in prison, to be served as probation, instead. Given the facts - and the missing pieces - the penalty seemed just, he said.

"Nothing that the jury could have done would have brought back their loved ones," Filley said.

With two deaths, probation seems paltry, family members said.

"It seems like a small price to pay for lives," said Alfredo Gonzales, Flores' nephew.

Tony Flores echoed prosecutor Garza's closing statements, worried that the verdict says drinking and driving isn't so bad.

Trevino went home almost as soon as the sentence was read. She talked about the trial later, as Jacob played in the family's living room.

"Well, I just leave things to God," Trevino said, after considering the sentence. "Even if I did have some kind of reaction, it would be too late."

  • What's next:

    Judge Robert Cheshire will decide the final terms of Bryan K. Brown's probation within a few days, his lawyer, George Filley III, said. Brown will serve his probation in his home state of Louisiana.



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Comments

  • porkay, people do not want to know the truth...all they want to know is enough to justify their opinions.

    and den78...what are you talking about? and please take some english classes!!!

    January 26, 2009 at 2:25 p.m.
  • This is not the first time this happen in Victoria.My step dad was murder he was shot six time's with 2 different gun's.THE first shot was in the back the next 4 where in the chest at close range and the last shot was in the head.You would think the person or should I say person's would be found guilty instead the person got off on self defence.

    January 25, 2009 at 11:26 p.m.
  • I work at the Victoria Courthouse and the Advocate’s take on stories covering trials never ceases to amaze me. Today’s opinion poll on whether the “punishment fit the crime” for the man who was convicted in the fatal wreck at Lone Tree and Delmar is an example of people who express opinions either when they don’t know what they are talking about or base their opinions on incomplete reporting of the VA. I heard most of all of the testimony in the trial for the last two weeks. It was a terrible accident and testimony and evidence showed that BOTH of the drivers involved, contributed to the end result. There was testimony from the Medical Examiner that the lady driver who died had cocaine traces in her blood, didn’t seatbelt her little boy, and, according to a convenience store videotape, rolled through her stop sign. These actions don’t excuse the behavior of the man who was convicted of recklessly causing two deaths, but it probably had a bearing on the punishment handed down after a jury found him guilty of manslaughter.

    January 25, 2009 at 10:44 p.m.
  • Wow. I saw the picture of that little boy looking at a picture of his mother. If Blob Chesire can look at that little boy and tell him that some beer swilling redneck should walk the streets a free man after killing the boy's mother........... Blob needs to go. I bet that guy went straight home and popped a top to celebrate his victory in court. Yeeeee haaaaaa that was close dude.

    January 24, 2009 at 10:54 p.m.
  • Vanessa was a dear friend to me. I was so heartbroken when I found out what happened to her. I went to school with her and also worked with her. I've always known her to be a very sweet and caring person who would do anything in the world for anyone who needed a helping hand. Her son ment the world to her. I remember talking to her on the phone when her Mom was ill before she passed and we would console eachother because my Mom has been suffering from cancer. No matter how down I was she always seemed to bring a smile to my face. I can't imagine how someone who took a life as special as her's can get away with just 10yrs probation!!!! That is just sick! This grown man got behind the wheel, cracked open a can of beer, drank way more then the legal limit, and then try to say that he didn't see a stop sign?!?! Come on!! I drive by the place where my dear friend's life was taken everyday. There is no way you can miss the stop signs! This man took her life, her friend's life, and almost her son's life and gets away with it. 10yrs probation is a slap on the wrist compaired to what her son, her family, and her friend's family is going through! Oh please.... He has become numb and can't feel joy anymore.... At least he get's to see another day! He gets to see his family! His heart is still beating! He caused not only 1 but 2 hearts to stop beating. He took a little boy's mother away from him, but all he gets is 10yrs probation! How is that justice? Oh and in the other article I read, it said that he helped a lady put air in her tires. So is that supposed to be his good deed to make up for taking the lives that he took? How sick can this world be? There are people who get life in prison for comitting what he did. Reguardless of how others might see it..... He still was in control of the vehicle that took the lives of 2 people and took away so much from a little child. I just can't understand how someone would call this justice.

    January 24, 2009 at 10:29 p.m.
  • In the words of the drunk driving Stan Marsh from South Park," What's the officer problem?" I recite from a cartoon because our justice system is just that, a cartoon. Fictional make believe made up by unseen artist. But who are the artist creating this cartoon called "Victoria Justice?"

    January 24, 2009 at 9:42 p.m.
  • Probation is too light.

    Lawyers do what they are hired to do. Defense lawyers have to put up the best defense for their client that they can.

    We may not like what they do, but they have to do it. It's their job. I sincerely hope that if you ever need a good defense lawyer, you'll get one who is trying to prevent your conviction.

    January 24, 2009 at 8:55 p.m.
  • Vanessa was one of my best friends and she didnt deserve to die this way--Jacob is going to be messed up for the rest of his life and the courts let a man walk away with probation---the judge and filley should be ashamed of themselves-this man was drinking and speeding down del-mar and he gets probation--it doesnt make sense-just becuz we have bad cops and crooked judges and lawyers

    January 24, 2009 at 6:45 p.m.
  • Looks like then and now, not enough evidence gathered.

    January 24, 2009 at 4:03 p.m.
  • Nothing has changed in 10 years. 10 years ago, I witnessed a lady who appeared to be in her late 40s early 50s driving drunk, and called police from the road. I followed her til she stopped at a corner store, where proceeded to :
    fall out of her truck when she opened the door, while walking to the door of the store, she leaned on the wall of the store from the corner of the building to the door needing the support of the wall to stay upright. When she got to the door she reached for the handle, missed the door handle and stumbled backwards off the sidewalk and sat on a hood of a car, otherwise she would have landed on her back side. She finally opened the door, went into the store, came out, stumbled to the pay phone, and then picked up the phone and proceeded to fall backwards similar to a tree that has been chopped, legs straight, knees locked. Her saving grace from smashing the back of her head on the parking lot was the fact she was holding onto the phone's handset with both hands. This kept her from falling. She then proceeded to stand up straight, make a phone call, stumble back to her truck get in and continue driving.
    Police had not shown up in this time which was easily 10 - 15 minutes.
    When police did show up and stopped her, she stopped her vehicle in the center turn lane, opened her door and got out of truck and stumbled toward the police officer.
    Police walked her across the road to a parking lot, wrecker came and took her truck.
    I recited the story as above to a VPD arresting officer. 2 other adults in my vehicle and they were not asked to give statements, despite their offer to the police to do so.

    A week later, I was called by a detective to tell my story again.
    Detective told me the arresting officer(s) failed to administer a breathalyzer, and then failed to get a blood sample.

    Was told I would probably have to testify in court.

    Never heard another thing from anybody.

    January 24, 2009 at 3:57 p.m.
  • Two years is a long time to see where your mistakes are and make adjustments. Was any of the VPD leadership watching their officers while the trial was going on? Doubtful. I have lost faith in the VPD as a whole, but I know that there are many good people there...unfortunatley with no leadership. I guess that is what Tyler was talking about two years ago!

    January 24, 2009 at 3:41 p.m.
  • Is VPD proud of their investigation and their lack of ability, experience, and judgement? They screwed the pooch big time on this one.

    January 24, 2009 at 3:08 p.m.
  • wow

    let me liven up this conversation, is justice for sale in Victoria county ?

    are the judges and lawyers too close in this area ?

    it's been obvious for a loooooong time the scales of justice are broken in this area. something needs to change.

    January 24, 2009 at 2:29 p.m.
  • same one, Cheshire

    January 24, 2009 at 2:19 p.m.
  • which judge presided over the trial involving the little girl being killed ?

    January 24, 2009 at 2:01 p.m.
  • Hey India....I think the agenda that the DA's office has against the VPD is what was shown to all during this trial, and that is the VPD doesn't do (in some cases) good investigative and solid work! I personally don't agree with this guy getting probation, either, but at least he got something and didn't get completely off from all of the technicalities discovered through trial.

    January 24, 2009 at 11:51 a.m.
  • VPD is a joke and someone should go after them. I thought that the DA was a joke but now I see why he sometimes refuses to take some cases to trial. I would do the same, it seems like the VPD and Sheriff are seting up the DA for failure. Anyhow, was Mr. Brown an illegal alien? I have to ask this question, since everything is blamed on them and since our law enforcement rather aprehend an illegal alien than a drunk driver that just happened to kill two people.

    January 24, 2009 at 11:40 a.m.
  • I think this verdict is exactly what should of been done. VPD and associates messed up!!! I hope they get rid of those who let this happen. I do not think he should of got off so easy, however VPD and the rest; let him. INCOMPETENT on part of our police department. I back the badge but not some of the idiots wearing them.

    I would also like to give a huge KUDOS to Filley and associates. Once again he has proven to be an awesome lawyer.

    January 24, 2009 at 11:32 a.m.
  • The sour grapes from the DA about the PD sure sounds like a lame excuse. He has his own investigators? Why does he care about police issues when he can simply fill in any gaps on his own?

    January 24, 2009 at 11 a.m.
  • Remember folks, manslaughter is a crime of recklessness. You're holding the defendant criminally liable for being REALLY stupid. If he had intentionally or knowingly killed those two people, he would have been charged with capital murder, not intoxication manslaughter.

    Assuming Brown has no criminal history, felony probation is not entirely inappropriate in his case. He's still a twice convicted felon. That will follow him for the rest of his life. For the next ten years he will have to report to a probation officer once a month. If he gets a DWI or any criminal arrest other than the most minor of crimes, he's looking at ten years in the pen. And he still faces civil litigation over two wrongful deaths and the maiming of a child, if pursued.

    It wasn't an easy choice for the jury to allow probation, but it wasn't necessarily the wrong choice either. There are few crimes in this state where a person doesn't deserve the second chance that probation provides, and manslaughter isn't one of those crimes.

    January 24, 2009 at 10:59 a.m.
  • I would not expect the families to say anything less. Accidental loss of life is the worst, for all involved, but the conditions of the probation haven't even been hammered out yet, according to the article. Personally, I think the sentence is too light. Two years ago, there was an intoxicated manslaughter case at the rest stop on N59. The guy was so drunk he was trying to get back to Yoakum, but was going to Edna. He turned around THE WRONG WAY, going back to Victoria on N59. He ran into an oncomeing car killed one of his passengers, another in the other car. Sentence: 8 years in prison...If this case would've been tried in Jackson County, he would've got the max. The DA over there gives the max to everybody, I went to prison for a first time felony DWI over there, his case was so weak he had to get my estranged wife to testify against me. In other words, the judge did not go by previous jury decisions in similar past cases, in that manslaugter case, or in my case. People in prison couldn't believe I was there for a no wreck, no injury, no damage DWI, just like those people in Lousiana won't believe you can go to Texas, accidentally kill two people, and come back home. It all basically is up to the judge. If a jury gives a verdict or sentence, the judge has the right to modify  that outcome, depending on how past similar cases, (precedents)compare. Just remember, Brown didn't pick his punishment, so you really can only blame him for the loss of life. Its up to the system to see how that loss gets repaid.

    January 24, 2009 at 10:08 a.m.
  • I didn't know Ms. Jasso or her son before the wreck. But I saw first hand daily the damage once he returned to Victoria. Many of us have had a drink (or 2) and then gotten behind the wheel, luckily I was never involved in an accident and those days are a thing of the past. But I am appalled at 10 years probation. No jail time for him will not bring the others back and might be a hardship for his family. But our society today has become much to lax on expecting people to accept/suffer the consequences for their actions. No, if it was my brother I wouldn't like the idea of him serving jail time, BUT he broke the law and 2 people died.

    January 24, 2009 at 9:54 a.m.
  • Ten years probation seems more for someone who sold crack on the street and got caught.

    January 24, 2009 at 8:59 a.m.
  • having been on a big case, I can see this ruling.

    This was a horrible event from actions of not being responsible. The investigators from just what I read made some major errors to persuade the jury's decision. The guy got away because of a technicality.

    But you must have common sense. 2 lives were taken. 1 with lifetime up keep. The jury had a limited choice of options. Then with the evidence they decided the intent was not to kill. Filley did his job. Lawyers dont get personal they only care of defending thier client and court record.

    if the glove don't fit then you must acquit.

    January 24, 2009 at 8:39 a.m.
  • Speechless....Vanessa was a good friend of mine and I could not believe this sentencing for Brown. Remembering back to her funeral, all I could do was cry when I heard the news of this sentencing. This is wrong. Jacob will never again hold his Mommy when he's happy, sad, sick or just to feel her next to him. As a mother, I was heart broken. 10yr probabtion is for someone with a petty crime not someone who took 2 lives. Yes accidents do happen but not when the person intentionally drives while drinking. I've seen victoria sentence someone to 10-15yrs for drug charges and Brown gets probation, come on. Victoria will sentence you to longer prison terms for drugs than murder. Sorry, I just cant believe the justice that was not served for my friend. I guess the rest is left to the man upstairs. I love you Vanessa.

    January 24, 2009 at 8:26 a.m.
  • another sad day in Victoria!

    Though we don't know all the details of what exactly happening how can we vision 2 lives taken who were not at fault and also witnesses there and yet NO JAIL TIME!!!!

    People here in law enforcement are scared of Filley and it won't get any better with Cheshire on the bench. All the inner circles are still alive in this "woodtick" town. If this was in a larger city there would be protests. There have been several hispanic traffic related deaths with very limited sentencing done. One that come to mind, the little girl crossing the Bus59/Houston hwy in front of motel 6.

    Maybe we should term our Victoria judicial system "little Chicago" with all the seemly squirrely rulings here. In ref.: to Illinois problems. Question now is -- who will stand up for these deceased folks and put their name into this situation?!?!? Good luck!

    January 24, 2009 at 8:17 a.m.
  • Very sad and tragic event for all involved. If we are to put the defendant in the shoes of the victim, then it is only fair to put the victim's family in the shoes of the defendant. As much as everyone would like to say it could never happen to them, they would never run a stop sign or speed or have a few beers, then they are not being truthful. The jury did what they felt was right given that they were the only ones to hear everything. All we are getting is the pieces from the advocate which we know can be half a story or less.

    January 24, 2009 at 7:18 a.m.
  • So ten years probabtion means that if he doesn't run any more stop signs while HURRYING home and not yeilding to stop signs his slate is wiped clean? What about the open container law? So he wasn't drunk, but I maybe so wrong, but I thought you are in deep trouble if you are stopped with open containers of beer. Why else would our ditches and streets be filled with empty beer cans and bottles?
    I have children. And I do not know this man from ADAM, but his attorney's suggestion was wrong. Maybe prison was not the answer, but people should be held accountable. He KILLED his mother. I feel that true justice would have been served at the very least if he had been asked to pay child support tothe family memebers who are now his care givers. I will now pray for both parties. I am sure the man feels some sort of guilt, but I agree, the verdict not just. Maybe his defense attorney would think differently if his family had been the victims in the car. Maybe he should donate his defense fees to the family.

    January 24, 2009 at 6:40 a.m.
  • So, so sad. Bless the caregivers to this wonderful young child who lost his mother. God loves you, and Mr. Brown, he loves you too. Time to give back, time to repent, time to attempt to repair a broken life. May God hold all of you close to His heart, for a Great Healing.

    January 24, 2009 at 1:19 a.m.
  • Then perhaps we should just horse whip the lawyers. I read with some incredulity the asinine and insensitive comment by the defense attorney. Brown made a conscious decision to drink and get behind the wheel. He then took away the right of two human beings to continue to live upon this earth. He killed them. The implication that a harsher sentence would not have made a difference in the outcome of events; in other words, "brought the dead back to life," is a bit hard to stomach. I'm sure it does not comfort or bring closure to the families of the deceased, and surely not to the little boy who suffered the greatest loss. This is my home town and I am ashamed. I am ashamed of the jury's decision. There is an old saying, "a hundred whacks on the behind are not so bad, as long as it's somebody else's behind," and perhaps this was the mindset of this jury in doling out their verdict. Justice delayed is justice denied, and in this case there was a great miscarriage of justice. Brown will continue to live, and breathe the air and walk in the sunshine. The people he killed were just on their way home and now they lie in their graves because he chose to drink.

    May we never distort or alter our system of justice at ANY level. As an extreme comparison, are we to accept the halting of the trial of one of the mass murderers responsibe for 911, simply because it will not bring back the thousands of lives lost? I THINK NOT! May saner minds always prevail in our courts of law, and let it begin in small town America.

    January 24, 2009 at 12:52 a.m.
  • barely drunk, first offense, how is that too light?

    January 23, 2009 at 11:15 p.m.
  • Just because he was drinking does not mean he was intoxicated. If you can't proove intoxiation, you can not proove intoxication manslaughter.

    Personally, yes I do think he should have received more than probation. However, while there was a delay in sending the DNA evidence to the lab, I have not seen information anywhere indictating whether or not this meant the DNA was useless and what the results from that DNA were.

    Even police officers and investigators are human. Mistakes are going to happen. It's the unfortunate reality of life.

    January 23, 2009 at 9:01 p.m.
  • The jury did what was asked of them by the court.

    January 23, 2009 at 9 p.m.
  • I believe that I read the VPD screwed up that case, too!

    January 23, 2009 at 8:29 p.m.
  • justice is never done for certain people here in this town...did people not learn anything at all from the Ratcliff scandal? there is no justice here....only for certain people..and that's really very sad....but the reality.

    January 23, 2009 at 8:26 p.m.
  • What a sad, sad day (yet again) for justice in Victoria.

    I'm ashamed for the people on the jury, the people who investigated this accident and for this town right now.

    The lives of two people are worth 10 years probation in Victoria.

    January 23, 2009 at 8:13 p.m.