Posted on 10/08/2007 11:40:07 AM PDT by TexasCajun
A judge's daughter accused of intoxication manslaughter could not have avoided the collision that killed her boyfriend because a truck driver had drifted into her lane, an accident reconstruction expert told a jury Friday.
Jurors also saw the defendant's father, District Court Judge Pat Shelton, accuse prosecutors of selectively punishing his daughter, saying they failed to charge the truck driver for not immediately stopping after the wreck. He then accused a witness who testified against his daughter of being an illegal immigrant.
The jury must decide whether Elizabeth Shelton, a 20-year-old University of St. Thomas student, is responsible for the death of her passenger, Matthew McNiece, 19, of Bellaire, as a result of the freeway crash last year.
Shelton's blood-alcohol concentration was more than three times the legal limit — at 0.26 and 0.28 percent, based on two different blood tests — after the wreck.
Mother testifies
Her mother, Julia Shelton, told the jury Friday that police treated Elizabeth Shelton inhumanely, hauling her out of a hospital hours after the accident in handcuffs and a paper gown to take her to jail.
Accident reconstruction expert Joe Hinton, testifying for the defense, said Shelton had no chance to avoid the collision because the box truck, traveling next to her, veered a couple feet into her lane as she drove along the freeway's far left side next to a wall.
The crash "could have happened to anyone in this room exactly the same way," Hinton testified Friday, adding that a sober person also would have had no time to react. "Intoxication makes no difference."
Lance Bennett, the truck driver, has denied changing lanes before Shelton struck the rear of his vehicle.
Hinton's conclusions also contradict those of another expert who testified there was no evidence that the truck pulled into Elizabeth Shelton's lane.
Harris County sheriff's deputy David Pearson, who also reviewed HPD's work in the case, said no evidence shows the truck was in Shelton's lane, adding if a motorist "was driving at the speed limit and was not intoxicated, the crash would never have occurred."
Evidence problems
Both experts, nevertheless, agreed HPD's investigation was flawed.
"It could have been a lot better," Pearson said of HPD's work. "There was a lot of evidence that wasn't documented properly."
HPD's lead investigator on the case, officer Sherwin Johnson, incorrectly had Shelton's car towed to a private storage lot instead of the secured police compound after the wreck — a move that did not follow correct procedures.
Prosecutors had hoped to examine the crash data recorder, or "black box," in Shelton's car to retrieve information, such as her speed and braking at the time of impact, but attorney Mark T. Sandoval, representing Shelton's mother in a lawsuit against the truck driver, went to the storage lot and removed the box before investigators executed a search warrant.
Sandoval later gave the black box to prosecutors, but Lexus officials refused to analyze the data inside.
Heated exchange
In a brief, but volatile, courtroom exchange with prosecutors Friday, Shelton's father said he firmly believes the truck driver caused the wreck and argued prosecutors gave Bennett a pass when he failed to stop after the collision.
Bennett returned to the crash site minutes later and cooperated with police.
"He could've been charged for failing to remain at the scene. You could've prosecuted both (drivers), and you did not do that," Pat Shelton said.
He said he was also told the truck driver had an arrest warrant for a hot check and was driving with lapsed automotive insurance, claims that visibly irritated prosecutor Paul Doyle.
"How in the world as a judge can you look at this jury and attack Mr. Bennett, who's out there doing his job?" Doyle retorted.
Shelton's father then claimed a witness to the crash who testified against his daughter was an illegal immigrant. Doyle appeared incredulous.
"The same man who stopped to aid your daughter, to do the right thing, you're attacking his citizenship status? Are you kidding me?" Doyle shouted.
"No one is above the law," Shelton's father responded.
'Extremely unprofessional'
Elizabeth Shelton's mother told the jury she was appalled at the way police treated her daughter.
Julia Shelton described how police led her daughter out of a hospital hours after the crash, with her hands cuffed behind her back, wearing a paper hospital gown, barefoot and without underwear.
"The policemen were extremely ugly. I couldn't understand what this big rush was to get her off to jail," she said.
"It was all the police officers I encountered that evening — they all copped an attitude, big time. There was chuckling. It was extremely unprofessional behavior. I was appalled."
Doyle asked if she thought it was appalling for someone to drive with a blood-alcohol concentration of 0.26 percent.
"I think it's irresponsible," she said.
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Wild landing strip!
Grand Bahama is a wonderful sight to see from the air when flying in
No cliffs!
But the clear blue water and reefs and sharks you see from above are incredible
I recall tasting some great fish soup with tomato a native charter captain was preparing on his boat
[But the clear blue water and reefs]
Yes, that’s the beauty of the islands. I have been to a number but not the Bahamas.
Wonder what it costs to go to college in St Thomas? Guess they don’t have to worry about that.
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I think patents allowing their kids to go to college in areas or places like that are insane
And those who let them go on HS Senior trips in groups are just as crazy
[HS Senior trips]
Like the Aruba death. Yes it’s risky but guess if the kid follows all rhe rules and stays with a group it is safer.
I recall my high school senior trip - to a Dude Ranch!! Lol
But, hey, this is Texas!
.
My brother’s Senior class in South Florida went to NYC on money they earned themselves
After that trips kinda stopped
We had plenty of mischief to get in down there!
Yeah, I can imagine there was plenty to see and do in South Florida!
Plenty in Galveston too although in a smaller area.
Good heavens, is this ever how rumors get started.
Please do some research next time.
The University of St. Thomas is a Catholic university in Houston.
.
Close enough!
Alert Media Matters
Put me before a Grand Jury!
Nice.
[Elizabeth Shelton, a 20-year-old University of St. Thomas student,]
I read the article above. The article should have stated where the college is.
Often I go to threads that state a city by name and I have no idea where or what state it’s in.
The Houston Chronicle probably didn’t name the city because local readers would know that this university is in our city.
.
NBT
That’s true and I guess that’s what happens on a lot of things that are posted here.
It’s sometimes aggravating when you don’t know where ‘so and so ‘ is. Thanks for what you said.
Lol, I’m dense tonight. Still trying to figure this out.
Thank you for being so cool about it.
It’s an honor to meet you.
By the way, I know several students at the University of St. Thomas and I asked one of them if he knew this young lady. He said that he doesn’t know her well but that he’s been around her in the past and she has always been “nice” and “quiet.”
I am reserving judgement about this case. Of course she shouldn’t have been drinking and driving but her boyfriend shouldn’t have been hanging out the window being crazy on the freeway, either.
Of course she shouldn’t have talked with anything except a respectful tone to the police but how would I have reacted if I were twenty years old and had just been driving while drinking and had an accident which killed my boyfriend? What person wouldn’t have been upset in that situation?
My heart goes out to her.
Justice must be served, of course, but still my heart goes out to her and her family; her life, and many other lives, are ruined because of her irresponsible behavior.
It’s a tragedy no matter how you look at it.
[Thank you for being so cool about it.
It’s an honor to meet you.]
Thank you.
Yes, it certainly is a tragedy but now we see her family doing things that aren’t ethical.
In the article link I posted I believe it described her behavior after the accident and what stood out in my mind was that she wasn’t crying over the boy who was killed, she was cussing out the police!
Which would be awful behavior, if it was reported accurately.
I don’t consider the Houston Chronicle to be a trustworthy source.
In addition, this would be an excellent story for a local paper to make into a huge scandal. I don’t know that this is what’s happening here and I’m certainly not accusing, but what I do know is that I simply don’t trust the Chronicle.
I’ve refused to buy the Chronicle for about twenty years.
[I don’t consider the Houston Chronicle to be a trustworthy source.]
Interesting! I tried to get to my old link and it wouldn’t open. Couldn’t recall the source on it.
I don’t know this girl, but I believe the “St. Thomas” the article refers to is University of St. Thomas, which is in Houston — www.stthom.edu
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