Posted on 01/25/2007 5:26:34 AM PST by NationalistVisionary
A Wharton man with four prior DWI convictions will be tried for murder after fleeing a suspected drunken crash that killed Needville ISDs police chief.
A sheriffs deputy tracked down Guillermo Paniagua, 30, after he left the crash site near the intersection of FM 1301 and CR 113 around 9 p.m. Friday. He was booked into the Wharton County jail for felony murder and felony failure to stop and render aid. He remained there as of presstime on $600,000 bond.
Chief Ernest V. Mendoza, 54, died at the scene. He was pronounced dead at 10:15 p.m. Friday by Wharton County Justice of the Peace Precinct 3 Dennis Korenek. His body was taken to the Wharton Funeral Home prior to transfer to the Galveston County Medical Examiners Office for autopsy.
The collision took place about 3.2 miles east of Wharton near Boling as a slow rain fell.
Mendoza was coming home from a Needville basketball game, driving his 2000 Ford Crown Victoria police cruiser westbound on FM 1301. Paniagua was traveling east in a 2001 Ford F-150 pickup.
Department of Public Safety officials said Paniaguas vehicle crossed into Mendozas lane.
Paniagua was on the wrong side of the road, said DPS Sgt. Danny Terronez. The vehicles hit right headlight to right headlight with a force which crushed both. Mendoza was only about a mile from home.
The Needville ISD police chief had on his seat belt, but all indications are that he died on impact, said DPS Senior Trooper Gary Pflughaupt.
Trooper Todd Respondek is in charge of the investigation. He is being assisted by Terronez and troopers Royce Korenek and Juan Aguilera.
Officials said Paniagua fled the scene on foot.
People came up to the scene, went up to the pickup and saw (Paniagua), Pflughaupt said.
The would-be-rescuers then rushed over to the patrol car, he added.
When they turned around, he was gone. As rescue units and police arrived, a broadcast went out to start the hunt for the pickup driver. Sheriffs Department Deputy Jerry Price arrested Paniagua at the Shell Station in Boling, about five miles from the crash site.
Paniagua was treated at Gulf Coast Medical Center in Wharton for cuts and bruises prior to booking. Officials believe he had not worn a seat belt, though he suffered only minor injuries. Alcohol is suspected in the crash. Blood tests were taken, with results expected late Tuesday.
Paniagua, a construction worker, has two prior DWI convictions in Wharton County. County court records indicate that he pled guilty to DWI on May 30, 2001 in return for a one-year probated sentence. His probation was revoked, however, after he was arrested for DWI again. That offense allegedly occurred on Feb. 15, 2002. Paniagua spent three days in jail and then received 18 months probation after pleading guilty. His driver license was suspended for 180 days.
Paniagua successfully completed the terms of that probation on Dec. 5, 2003, according to court records.
Law enforcement officials said Paniagua has an additional two DWI arrests in Georgia.
At the time of the accident, he had a valid driver license, said DPS Sgt. Terronez.
Paniagua is charged with murder, a first degree felony, and failure to stop and render aid as a third degree felony. He faces up to 99 years in prison and a $10,000 fineon the murder charge. For the failure to render aid charge, he faces a maximum of 10 years in prison and a $10,000 fine.
Texas allows for a felony murder charge when in the course of committing a felony (a person) does an act clearly dangerous to human life, District Attorney Josh McCown said.
In this case, the underlying felony would be the alleged DWI and the actions on the roadway.
It will be the first time in Wharton County that an alleged drunk driving death is charged as murder, McCown said, but added it has been successfully prosecuted in other areas.
Mendoza, who lived in Wharton, had worked for Needville ISD for a decade. He had more than 25 years experience in law enforcement.
He was married with four children who attended middle and high school.
A benefit fund for his family has been established at Prosperity Bank in Needville. Girling Health Care in Wharton is also accepting donations.
Mendozas wife, Susie, works for the home health provider. Call 282-8822 for information.
Funeral services are set for 1 p.m. Thursday at Grace Community Fellowship, 1900 East Boling Highway. Viewing is from 6 p.m. to 9 p.m. Wednesday at Wharton Funeral Home.
Officer Mendoza was a good friend to many, as well as me. He will be missed dearly.
I, and many others are extremely upset over the circumstances surrounding this tragedy. It seems that no matter where you are that you cannot escape the menace of the illegals.
Condolences to the chief's family and colleagues...
Since when does a JP pronounce? Is he also an MD?
Repercussions of illegals hits close to home.
Illegal?
If an illegal is willing to break the law multiple times just to get into this country, why would they obey any of our other laws once they are living here?
Wharton firefighters and paramedics respond to the Boling Highway accident scene where Needville ISDs chief of police was struck head-on by another driver. |
And how was it that he was ever issues a driver's license if he was an illegal?
issues = issued
Are we supposed to know where Wharton is, I live in Colorado and have no idea what part of the Country you are posting this article from. Gulf Coast? Florida, Mississippi or Texas?
Counties in rural Texas don't have a medical examiner. The Justice of the Peace pronounces people dead. The JP also has powers to order an autopsy, to be performed in a large county with a ME, or hold an inquest. If directed to do so by the local felony prosecutor, the JP has to order an autopsy.
Typically, in any homicide, an autopsy is ordered as a matter of course. I had a very distant cousin who served as JP in a rural county in Central Texas back in the 1970s. He was called to testify at a murder trial where he had pronounced the victim dead, but not ordered an autopsy. The defense counsel launched into his cross-examination, and asked why no autopsy had been ordered.
The JP, who was about 75, turned to the Jury and said:
"It doesn't a rocket scientist to figure out what killed a man who's been shot in the head with a .45."
The Defense Attorney ended his cross examination shortly thereafter.
FUNERAL:
Grace Community Fellowship Church
1900 E. Boling Hwy
Wharton, TX
979-532-3999
DATE: Thurs. Jan 25, 2007 TIME: 1300 Hrs
STAGING: 1145 Hrs in Wharton at the H.E.B., 1616 N Alabama, Wharton, TX.
The Wharton Journal-Spectator
P.O. Box 111
Wharton, Tx 77488-0111
Coastal Texas between Houston and Corpus Christi. Most of the cities listed are in coastal counties but not on the coast themselves.
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