Archive for the ‘Wrongful death’ Category

Jennifer Nicole Molina charged in drunk driving death of Evelyn Galindo

21-year old Jennifer Nicole Molina is charged with intoxication manslaughter after a Sunday morning car accident that left Evelyn Galindo dead. Galindo was driving a Honda Civic and was rear-ended by a Nissan Versa around 3:20 a.m. at the 10100 block of the North Freeway feeder road just south of West Road. The Honda Civic then slammed into a concrete pillar. Molina’s Versa crashed through a chain link fence and stopped in a parking lot, police said. Galindo was taken to an area hospital where she was pronounced dead. Molina called a relative who came to the accident scene and picked her up, leaving her car in the parking lot, but the relative talked Molina into returning to the scene: she was given a sobriety test and had blood drawn, police said.
According to what appears to be Jennifer Nicole Molina’s Facebook page, Molina is a 2010 graduate of Klein Forest High School and is studying at Lone Star College. Channel 11’s story is here.

Black Elk Energy West Delta 32 rig explosion – workers injured and killed

A fire at Black Elk Energy‘s West Delta 32 rig in the Gulf of Mexico on Friday killed one worker, another worker is missing and many others were burned and injured.
John Hoffman, CEO of Houston-based Black Elk Energy, said in an email Saturday evening that a contracted dive vessel had recovered the body of one missing worker and the search for a second worker remains underway. Two workers remain in critical condition at Baton Rouge General Hospital‘s Burn Center. On Friday, the day of the incident, a spokesperson with West Jefferson Medical Center, where injured workers were taken initially, said four workers had suffered second and third degree burns over a large portion of their bodies. The men were later transported to Baton Rouge General.
At a Saturday press conference, a hospital official said the four burned workers are from the Philippines, which has made notifying family a challenge. 11 workers in total were air-lifted to Louisiana for medical attention, and the remaining seven workers were treated by paramedics near the shore of Grand Isle, LA and then released. At a press conference at noon on Saturday, the U.S. Coast Guard said a total of 22 workers were on the West Delta 32 platform at the time of the explosion.
Hoffman said that the men working the rig, which produces oil and natural gas, are not employees of Black Elk Energy, but instead are contractors. A story posted to Bloomberg BusinessWeek’s web site identifies the contractor that employed the workers as Grand Isle Shipyard. Black Elk Energy’s home page includes a link to a status update on the incident. Grand Isle Shipyard is currently facing a lawsuit (unrelated to Friday’s explosion) from a group of former workers from The Philippines claiming they were forced to work in cramped condition for long hours for substandard pay: the lawsuit, filed in late 2011 in federal court in Louisiana, is pending.
What caused the fire? A KHOU news story states that at the time of the fire, workers were cutting a 75 foot length of 3″ diameter pipe that contained as much as 75 gallons of product, according to CEO Hoffman. This process calls for a cold cutting device, a tool that does not spark, however Hoffman confirmed a cutting torch was used instead, causing the product inside the pipe to ignite. The platform was not in production at the time of the fire and appears to be structurally sound, but the Coast Guard says there is a half-mile by 200-yard sheen coming from the platform.
Previous accidents involving Black Elk Energy: In August a crane was lowering two workers into a basket when there was an equipment failure, according to Federal records. The two workers in the basket fell into the Gulf, but were not seriously injured. In February 2011, a small fire broke out on a Black Elk Energy platform: a battery charger was blamed for that incident. In September 2011, Black Elk Energy paid a $307,000 fine for failure to do a leak test on a safety valve, and it took them 117 days to fix the problem once it was identified.

U.S. Coast Guard photo of the West Delta 32 rig

John Hoffman, Black Elk Energy CEO

Injured workers’ rights:  Depending on the facts and circumstances, persons injured at work may be entitled to recover damages from their employer and/or third parties responsible for the incident that injured them. Injured workers should seek competent legal advice as soon as possible to ensure their rights and protected, and absolutely should avoid signing any documents that may affect their legal rights. Contact Smith & Hassler.

UPS truck collides with SUV on FM 529 – one person killed

A person was killed in a collision between a UPS truck and a passenger SUV yesterday. The silver-colored SUV and UPS truck crashed around 4:00 p.m. on FM 529 near Jackrabbit Road in northwest Harris County. The name of the person who died has not yet been released. The SUV rolled over in the crash: detective say it appears on of the drivers tried to turn and was hit by the other driver. A photograph from Channel 2’s web site (see below) appears to show passenger side front corner damage to the UPS truck.

Photo credit: Channel 2 News

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

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

Teenager killed in car accident when shoplifters flee Baytown Police

According to Baytown Police, suspected shoplifters Jennifer Rene Jenkins (35) and Shannon Joe Chauncey (43), led police on a chase Friday night that culminated in a multi-vehicle accident in which a 16-year old boy was killed.
Channel 2 reports that Jenkins stole a pillow and comforter from a Sears store in the 6900 block of Garth Road, then left the store and climbed into a pickup truck driven by Chauncey. Police then found the couple stealing from a nearby Academy sports store. Once the couple were in their pickup, the police moved in to make an arrest, however Chauncey backed up the truck and struck a police car before fleeing on Garth Road. When Jenkins and Chancey reached Garth Road and Rollingbrook they struck a pickup truck and also a car, killing the car’s 16-year old passenger Shawn Williams and injuring the 17-year old driver, Shay Hollingshead.
Shawn’s sister Tyler Williams told Channel 2 that she learned about the accident via Twitter: that there had been a collision near a 24-hour Fitness gym and that one of the vehicles had caught fire. Shawn was less than five minutes from home where the wreck happened and had just finished working a shift at El-Toro’s To-Go Kitchen. One of the managers at El-Toro’s, Herb Martinez, described Shawn as one of the most polite people he has ever met.
After the crash Jenkins and Chauncey jumped out of their wrecked pickup truck and tried to flee the scene, but were apprehended after a short foot chase. Shay Hollingshead and transported to Memorial Hermann via life flight helicopter in serious condition. Channel 11 report. Channel 13 report. Houston Chronicle report.

16-year old accident victim Shawn Williams

Shannon Chauncey's wrecked Ford pickup truck

Wilson Avelar charged after 2 killed in car accident and fire on FM 2978 near Tomball

Two people were killed in a car accident and vehicle fire early Tuesday morning on FM 2978 about five miles outside Tomball in southwest Montgomery County. A pickup truck and flatbed truck collided near a curve in the roadway: state troopers say two people riding in the flatbed truck died. The driver of the flatbed truck, 31-year old Wilson Avelar, is in the process of being charged with two counts of negligent homicide according to DPS Trooper Erik Burse. According to Channel 11’s story, the accident happened because the flatbed truck, which was pulling a trailer, was trying to avoid a pickup truck that was waiting to make a left turn, but the flatbed’s brakes locked and the driver swerved, clipping one truck before hitting a Ford F-150 pickup head-on. The flatbed then burst into flames, killing two inside.
According to Section 6.03(d) of the Texas Penal Code, a person acts with “criminal negligence” when, with respect to circumstances surrounding his conduct or the result of his conduct, he ought to be aware of the substantial and unjustified risk that the circumstances exist or the result will occur. The risk must of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

Driver high on PCP kills two in accident at Kirby Drive Shell station

Early this morning a man and woman were killed in an accident shortly after making some purchases at a Shell gas station on Kirby Drive near the Southwest Freeway, and police believe the driver responsible was high on Phencyclidine (PCP) at the time. The man and woman were in a blue-colored Chevrolet Impala and were stopped waiting to leave the gas station parking lot to turn right on the service road when the driver’s side of their vehicle was hit by the suspect traveling at a high rate of speed. The suspect’s vehicle appears to be an Impala also, only black. The victims were killed instantly. Police say the driver who caused the accident seemed to have little comprehension of what happened: he was taken to Ben Taub to be checked out and will face two counts of intoxication manslaughter. Channel 2 coverage. Channel 13 coverage. Channel 11 coverage.

Photo credit: KHOU

The victims were leaving this Shell station at Kirby Drive and 59

Two killed in drunk driving accident on Highway 290 at 34 Street

Two people are dead and a man is charged with intoxication manslaughter after a crash on Highway 290 near 34 Street at 2:00 a.m. Saturday October 13th. Two drivers were involved in a fender bender accident when a Ford Explorer rear-ended a Chevrolet Silverado pickup truck. The driver of the Silverado and a 64-year old passenger exited the truck to exchange information with the driver of the Explorer. Investigators say that at some point the driver of the Silverado suspected the Explorer driver may have been drunk. The driver of the Silverado went back to his truck to call the police leaving the Explorer driver and his passenger when a Lincoln Navigator SUV slammed into the stopped Explorer and Silverado, killing the passenger from the Silverado and the driver of the Explorer. The driver of the Navigator was taken into custody by police. Channel 2’s story is here.

Accident on Airline Drive near West Hambrick kills two

Two were killed and three injured in a chain reaction wreck around 8:00 p.m. last night in the 10600 block of Airline Drive near West Hambrick Road. According to deputies a female pedestrian was fatally struck as she walked down the street. The driver of a pickup truck swerved to avoid a second pedestrian, causing the truck to collide head-on with another truck heading south on Airline. A female passenger in the southbound vehicle was killed in the collision. According to Channel 11’s video report, a body was lodged in the windshield of one of the vehicles. Channel 2’s coverage of the accident. Channel 11’s report. Channel 13’s accident report. Houston Chronicle’s story.

Vehicle involved in last night's double fatality crash

Victim's friend Jordan Lewis is interviewed by Channel 11 News