Author Archive

8th grader hit by car at Timberwood Middle School

An 8th grader was struck by a car today as he walked to school.  The auto-pedestrian accident happened around 7:45 a.m. as the vehicle was making a left turn in front of Timberwood Middle School in Humble, Texas. The boy suffered a possible broken leg and some bruises, and he was transported to Memorial Hermann Hospital.  The driver remained at the scene. Channel 2’s report is here. Hopefully the young man will make a full recovery. No word on whether the driver was cited for the accident.

Several burned in explosion at AmeriGas facility in Conroe

An explosion at the AmeriGas Cylinder Exchange facility in Conroe, Texas injured several people today.  The blast happened around noon at the AmeriGas facility at 10985 FM 1485 in Montgomery County, Texas. Two victims of the explosion were flown to area burn centers via medical helicopter. Montgomery County Fire Marshal’s are investigating and the Texas Railroad Commission, which regulates the propane industry, was also notified. Channel 13 story here.

Photo credit: ABC Ch 13

Driver charged in fatal motorcycle accident involving deputy sheriff’s dad

75-year old Neil Smith has been charged with intoxication manslaughter in connection with the death of 54-year old Danny Hunt.  On Saturday November 3rd Danny Hunt and his son Chase Hunt, an off-duty Galveston County Deputy Sheriff, were riding their motorcycles on Highway 6 near FM 2004 it Hitchcock, Texas around 1:00 a.m. Investigators say that at some point Chase’s baseball cap fell off so the men pulled to the side of the road and chase went to retrieve his hat.  At that point Neil Smith’s Ford SUV struck Danny Hunt. Smith continued driving for about a half mile until damage to the SUV forced him to stop.  Danny Hunt was pronounced dead at the sceneChannel 2’s story is hereGalveston Daily News story here. This weekend marked the conclusion of the Lone Star Rally in Galveston, a motorcycle rally that drew 500,000 people to Galveston Island. According to initial police reports, 19 people were charged with drunken driving, including Neil Smith.

Neil Smith

Deputies hit head-on by Chevy pickup on Highway 6 at Little York

Two Harris County Deputies and a person they were providing courtesy transportation were hit head on in a car accident last night at Little York and Highway 6. Two patrol vehicles were stopped at a light in a turn lane facing northbound on Highway 6. A full-size Chevy pickup truck heading southbound on Highway 6 crashed into the front of the first patrol vehicle, pushing it backwards into the second patrol unit. Apparently this was a major impact: one of the patrol units was pushed back 28 feet from the point of impact.

The driver of the pickup truck was a 16-year old male that police believe was driving under the influence of synthetic marijuana. He will be given a mandatory blood draw at the hospital. With him in the vehicle was another person who allegedly asked the 16-year old to drive because the passenger was too intoxicated. Another passenger was a female runaway whose parents came to collect her. The deputy sheriff in the first vehicle hit was transported to hospital with a wrist injury (probably from the airbag) and bruising. ABC Channel 13’s story is here, and includes video.

If the 16-year old was unlicensed and/or intoxicated at the time of the crash, the passenger who asked the 16-year old to drive would probably be liable to the injured deputy for what is called negligent entrustment. That is when a person knowingly entrusts their vehicle to a person who is an unlicensed, incompetent or reckless driver, and the negligence of the person entrusted with the vehicle results in injury to a third party.

The injured deputy's wrecked patrol vehicle

A 16-year old crashed this Chevy pickup into the police car

Trick or treaters hit by SUV on Sweetwater and Saddle Rock

A boy and a girl out trick or treating last night were struck and injured by an SUV as they crossed Saddle Rock Drive near Sweetwater in a north Houston neighborhood. Witnesses say the boy who was struck was thrown up in the air by the impact. Neighbors say the girl was transported to the hospital by ground ambulance and the boy via life flight. Neighbor Cory Samuel, interviewed by Channel 11 News, said he saw the boy go up into the air, then when the boy came down it was like the SUV driver was unable to stop. Channel 2’s report indicates the driver’s SUV was towed away after the accident: that indicates (but doesn’t guarantee) that the driver had no license or no insurance, but maybe she was just too shaken up to drive.

The Suzuki SUV involved in last night's accident

11-year old struck and killed by pickup in Lake Jackson

Witnesses say 11-year old Amberle Woodard was in a crosswalk crossing on a “walk” signal when she was struck and killed Monday by a pickup truck driven by a 63-year old man. The pickup was turning right on a green light, and police are continuing to investigate the cause of the accident, including examining the driver’s cell phone records. The accident happened at the intersection of Oyster Creek Drive and Circle Way in Lake Jackson.

Amberle celebrated her 11th birthday on Sunday. She is described as an energetic, outgoing, straight A student. Friends and co-workers of Amberle‘s family have set up the Amberle Taylor Woodard Memorial Fund at Texas Dow Employee Credit Union to help pay for the funeral costs. The donate, call 979-297-1154, or you can deposit donations to account no. 2237094. Channel 2’s story is here.

Amberle Woodard

Deputy and City inspector hurt by alleged drunk driver in Clear Lake

Channel 13 is reporting that a city inspector and an off-duty HCSO deputy were hospitalized after they were struck by a car at a Clear Lake construction site. The deputy and the worker were standing outside the deputies truck on Seawolf Drive near Bay Area Boulevard around 1:45 a.m. last night when a dark green Chrysler Sebring convertible crashed into the back of a blue Dodge Ram pickup truck, pushing it into the men. While investigators were working the first accident, a second car came through the construction barriers. Drivers of both vehicles were tested for possible intoxication. According to Channel 11’s report, the woman driving the Sebring has an extensive criminal record.

The alleged drunk driver's Chrysler Sebring

The off duty deputy's Dodge Ram pickup

Griselda Aza, alleged drunk driver kills 2 on Highway 249 at Antoine

Two people were killed by a drunk driver in a two car accident around 2:15 a.m. on Sunday on State Highway 249 at Antoine in Houston. Griselda Aza, 33, driving a pickup truck northbound on SH 249 ran a red light at Antoine and crashed into the driver’s side of a silver Honda heading westbound on Antoine. A woman driving the car (Darlene Hubbard) and a male passenger (Alphonse Jackson, Jr.) were both killed on impact. There were two Harris County Sheriff’s deputies at the intersection at the time: one actually stopped to avoid being hit by the pickup. Griselda Aza was taken to Ben Taub Hospital in stable condition where a blood draw revealed a blood alcohol content of .217 according to a Channel 11 story, which would make the woman almost two and one half times the legal limit for intoxication. Aza has been charged with two counts of intoxication manslaughter. Channel 2’s story.

The driver and passenger of this Honda were killed

Griselda Aza's wrecked pickup truck

HPD cruiser causes wrong way accident on Fulton Street

Early this morning a Houston Police Department officer caused a wrong-way head on car accident, colliding with a pickup truck in a construction zone. The crash happened on Fulton Street at Bennington Street. HPD says a patrol unit occupied by two officers was responding to a Code 1 call and had its emergency lights on when it turned north on Fulton, not realizing the street was one-way southbound due to construction. The police car hit an oncoming pickup truck, sending the pickup driver and one of the officers to hospital. Apparently the underlying matter the patrol unit was responding to was a vehicle pursuit in the nearby area. Channel 2’s story is here.
Hopefully the City of Houston will take care of the truck owner’s medical expenses and the damage to his vehicle. Under Texas law, units of government have immunity from being sued in most circumstances, however the Texas Tort Claims Act provides exceptions to sovereign immunity, including negligence caused by a government employee while operating a motor driven vehicle. If the government employee happens to be a police officer responding to an emergency call with lights and sirens however, the person injured in the accident caused by the police officer would have to show either that the officer did not act in conformity with an emergency action law, or was acting with conscious indifference or reckless disregard for the safety of others. (See CPRC Sec. 101.055 (2) below). That can be a difficult burden to carry for someone looking to recover their damages from an accident caused by a Texas peace officer responding to an emergency call.
Texas Civil Practice & Remedies Code Sec. 101.055. CERTAIN GOVERNMENTAL FUNCTIONS. This chapter does not apply to a claim arising: (1) in connection with the assessment or collection of taxes by a governmental unit; (2) from the action of an employee while responding to an emergency call or reacting to an emergency situation if the action is in compliance with the laws and ordinances applicable to emergency action, or in the absence of such a law or ordinance, if the action is not taken with conscious indifference or reckless disregard for the safety of others; or (3) from the failure to provide or the method of providing police or fire protection.

Photo credit: KHOU

Photo credit: KHOU

Off duty police officer Amado Huerta killed in motorcycle accident

Amado Huerta, 44, a husband, father of five children and 16-year veteran of the Houston Police Department, died in a motorcycle accident over the weekend. Huerta was driving his Honda Goldwing motorcycle northbound on the South Freeway Sunday evening around 8:30 p.m. when a silver-colored Pontiac Grand Am made an unsafe lane change, striking the motorcycle. Huerta was taken to Ben Taub General Hospital where he was pronounced dead. Police say the driver was likely not impaired and the accident investigation is ongoing. Huerta joined HPD in 1995 and worked as a motorcycle officer in the traffic division. The Houston Chronicle’s report is here.