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Court upholds drunken driver's murder conviction
About time. 
Posted on Sat, Apr. 01, By MELODY McDONALD
STAR-TELEGRAM STAFF WRITER
Ft. WORTH -- The 2nd Court of Appeals has upheld the murder conviction of a chronic drunken driver who caused a wreck in 2003 near downtown that killed the father of infant twins. The decision paves the way for similar prosecutions statewide.
In an opinion released this week, the Fort Worth-based court rejected the defense argument that prosecutors went too far when they prosecuted Jake Aaron Strickland, 27, for murder, rather than intoxication manslaughter, in the death of Brent Jones, 37.
It is the first time a Texas appeals court has published an opinion affirming a murder conviction for habitual drunken drivers who kill someone, said Assistant District Attorney Richard Alpert, who prosecuted Strickland with Mollee Westfall.
"This opinion gives prosecutors throughout the state the green light to subject the most dangerous drunk drivers to the charge -- and the range of punishment -- they deserve," Alpert said. "I'm positive more and more [district attorneys'] offices are going to follow our lead and do this."
David Richards, Strickland's appellate attorney, said the appeals process is not over yet. He said he plans to take the case to the Texas Court of Criminal Appeals.
"It's a published opinion, meaning it goes into the law books," Richards said. "It's a novel question of law -- the type the Texas Court of Criminal Appeals is normally interested in. We will be preparing the paperwork that will allow them to do that.
"It should come as no surprise that the losing party would take this case to a higher court."
In October 2004, jurors in state District Judge George Gallagher's court convicted Strickland of murder and sentenced him to 35 years in prison.
Strickland, who had been drinking at a Sundance Square nightclub Dec. 21, 2003, drove the wrong way on East Belknap Street onto Airport Freeway, where he slammed into a Chevrolet Tahoe occupied by Julie and Brent Jones. Brent Jones was killed instantly.
The verdict was the first time Tarrant County prosecutors had won a murder conviction in a DWI-related fatality. A drunken driver who causes a death typically is charged with intoxication manslaughter, which carries a punishment of two to 20 years in prison.
Prosecutors had decided to pursue the murder charge -- which is punishable by five years to life in prison -- against Strickland after discovering that he had two previous misdemeanor convictions for driving while intoxicated. The collision that killed Jones was Strickland's third DWI-related charge; because it was the third, the charge became a felony. Under the Texas Penal Code, a defendant can be charged with murder if, while committing a felony, he performs an act "clearly dangerous to human life." In this case, prosecutors accused Strickland of committing felony DWI and then committing a dangerous act by driving the wrong way down the freeway.
Defense attorneys Abe Factor and Terri Moore vehemently argued during the trial that the state had overcharged Strickland -- that he should be charged with intoxication manslaughter and face punishment no greater than 20 years in prison. That was also the basis of Strickland's appeal.
"This was a case that pushed the boundaries of [the prosecutors'] discretion," Richards said. "We contend that they overstepped their boundaries, and they say that they are just within."
Justice Terrie Livingston, who was joined by Justices John Cayce and Anne Gardner, wrote in the opinion the state properly charged -- and the judge properly allowed -- the prosecution of Strickland for felony murder.
"It's definitely a precedent-setting case," said Susan Bragg, director of victim services for Mothers Against Drunk Driving-North Texas. "We're going to encourage DAs in other counties to consider using a murder conviction as a way to get a higher sentence in unique situations where a repeat offender finally kills."
And while the Strickland case was the first such conviction in Tarrant County, it wasn't the first in Texas. In March 2003, Mark Lomax was convicted of murder in Harris County and sentenced to 55 years in prison for driving drunk and slamming into another vehicle in Houston, killing a 5-year-old girl. It was also Lomax's third DWI.
Lomax's murder conviction was also affirmed this week in an unpublished opinion.
Alpert hopes the opinions will send a strong message to repeat drunken drivers.
"To all habitual drunk drivers who are tempted to test their luck on our roadways: If you drive while intoxicated and take a life, you may spend the rest of your life behind bars," he said.
STAR-TELEGRAM STAFF WRITER
Ft. WORTH -- The 2nd Court of Appeals has upheld the murder conviction of a chronic drunken driver who caused a wreck in 2003 near downtown that killed the father of infant twins. The decision paves the way for similar prosecutions statewide.
In an opinion released this week, the Fort Worth-based court rejected the defense argument that prosecutors went too far when they prosecuted Jake Aaron Strickland, 27, for murder, rather than intoxication manslaughter, in the death of Brent Jones, 37.
It is the first time a Texas appeals court has published an opinion affirming a murder conviction for habitual drunken drivers who kill someone, said Assistant District Attorney Richard Alpert, who prosecuted Strickland with Mollee Westfall.
"This opinion gives prosecutors throughout the state the green light to subject the most dangerous drunk drivers to the charge -- and the range of punishment -- they deserve," Alpert said. "I'm positive more and more [district attorneys'] offices are going to follow our lead and do this."
David Richards, Strickland's appellate attorney, said the appeals process is not over yet. He said he plans to take the case to the Texas Court of Criminal Appeals.
"It's a published opinion, meaning it goes into the law books," Richards said. "It's a novel question of law -- the type the Texas Court of Criminal Appeals is normally interested in. We will be preparing the paperwork that will allow them to do that.
"It should come as no surprise that the losing party would take this case to a higher court."
In October 2004, jurors in state District Judge George Gallagher's court convicted Strickland of murder and sentenced him to 35 years in prison.
Strickland, who had been drinking at a Sundance Square nightclub Dec. 21, 2003, drove the wrong way on East Belknap Street onto Airport Freeway, where he slammed into a Chevrolet Tahoe occupied by Julie and Brent Jones. Brent Jones was killed instantly.
The verdict was the first time Tarrant County prosecutors had won a murder conviction in a DWI-related fatality. A drunken driver who causes a death typically is charged with intoxication manslaughter, which carries a punishment of two to 20 years in prison.
Prosecutors had decided to pursue the murder charge -- which is punishable by five years to life in prison -- against Strickland after discovering that he had two previous misdemeanor convictions for driving while intoxicated. The collision that killed Jones was Strickland's third DWI-related charge; because it was the third, the charge became a felony. Under the Texas Penal Code, a defendant can be charged with murder if, while committing a felony, he performs an act "clearly dangerous to human life." In this case, prosecutors accused Strickland of committing felony DWI and then committing a dangerous act by driving the wrong way down the freeway.
Defense attorneys Abe Factor and Terri Moore vehemently argued during the trial that the state had overcharged Strickland -- that he should be charged with intoxication manslaughter and face punishment no greater than 20 years in prison. That was also the basis of Strickland's appeal.
"This was a case that pushed the boundaries of [the prosecutors'] discretion," Richards said. "We contend that they overstepped their boundaries, and they say that they are just within."
Justice Terrie Livingston, who was joined by Justices John Cayce and Anne Gardner, wrote in the opinion the state properly charged -- and the judge properly allowed -- the prosecution of Strickland for felony murder.
"It's definitely a precedent-setting case," said Susan Bragg, director of victim services for Mothers Against Drunk Driving-North Texas. "We're going to encourage DAs in other counties to consider using a murder conviction as a way to get a higher sentence in unique situations where a repeat offender finally kills."
And while the Strickland case was the first such conviction in Tarrant County, it wasn't the first in Texas. In March 2003, Mark Lomax was convicted of murder in Harris County and sentenced to 55 years in prison for driving drunk and slamming into another vehicle in Houston, killing a 5-year-old girl. It was also Lomax's third DWI.
Lomax's murder conviction was also affirmed this week in an unpublished opinion.
Alpert hopes the opinions will send a strong message to repeat drunken drivers.
"To all habitual drunk drivers who are tempted to test their luck on our roadways: If you drive while intoxicated and take a life, you may spend the rest of your life behind bars," he said.
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