KAUFMAN COUNTY, Texas – The twelve member jury, consisting of five males and seven females, continued to hear testimony in the intoxication manslaughter trial of 34-year-old Warren Ray Patton Jr. on Wednesday morning, August 6, 2014.
KAUFMAN COUNTY, Texas – The twelve member jury, consisting of five males and seven females, continued to hear testimony in the intoxication manslaughter trial of 34-year-old Warren Ray Patton Jr. on Wednesday morning, August 6, 2014.
Patton is facing one count of intoxication manslaughter with a vehicle and one count for manslaughter for a head-on accident on June 9, 2012, which resulted in the death of off-duty Dallas County Constable Guy Farley.
Patton, as well as family members of the defendant and victim, appeared in court today for the jury trial. Today's proceedings focused on testimony about Farley not wearing a seatbelt, his airbag not deploying, and the credibility of two defense witnesses.
The day began with defense attorneys Taryn Davis and Brandi Fernandez introducing a Texas Department of Public Transportation (TxDOT) document which described road repairs near the area of the accident on June 5 and June 19, 2012.
Texas Department of Public Safety (DPS) Trooper Justin Schumann returned to the witness stand after providing testimony yesterday. The defense argued Schumann and Texas DPS Trooper Everest Leonard's investigation was not fully investigated.
RELATED: Day 1: Intoxication manslaughter trial underway
Davis stated the troopers had not collected an available black box in Farley's truck, they did not conduct any velocity calculations, they did not seize beer bottles or prescription pill bottles, they did not investigate possible manufacturer defects on Patton's vehicle, and they did not seize the cell phone of the defendant which was located in his trunk.
“We're here on an intoxication manslaughter charge,” stated Davis. “What in fact did you seize, nothing.”
“You're job was to conduct an impartial investigation,” stated Davis who said there was significant missing information.
“I believe the contributing factors of the crash were investigated,” testified Schumann. “I believe Mr. Patton's driving and intoxication caused the crash.”
Testimony and Parkland Hospital evidence presented yesterday indicate Patton had a blood alcohol content level of .086 two hours after the accident as well as the existence of benzodiazepines – a group of controlled substances consisting of, among other drugs, Xanax or Valium.
Dallas County Medical Examiner Chester Gwin took the stand for the state to provide evidence of the injuries Farley sustained which include internal and external injuries to his torso, bilateral rib fractures, bleeding from the heart into the pericardium sac, multiple fractures to his right femur, and a large laceration to the interior of his right thigh. Farley's cause of death was listed as blunt force injuries.
Davis stated intoxication must be the sole factor contributing to Farley's death in order for Patton to be convicted on intoxication manslaughter charges and Farley not wearing a seatbelt and his airbag allegedly not deploying were also contributing factors.
Prosecutor Marc Moffit argued Farley wouldn't have sustained any injuries unless Patton had struck him. Moffit earlier stated, “Not wearing a seatbelt doesn't kill you alone unless something else happens.”
The state rested its case after Gwin's testimony at approximately 11:20 a.m.
The trial resumed after a lunch recess with the defense recalling Schumann to discuss the road report introduced at the beginning of the day. The defense argued poor road conditions may have contributed to the accident.
The document listed repairs, such as potholes repairs, were done between mile maker 274 and 266 on FM 741. After examining the document and recalling a DPS map with mile markers, Schumann testified the accident occurred near mile marker 275 which was not within the area of the TxDOT repairs.
The defense then called Wanda Koller and her son, Joshua, who lived near the accident scene. The two testified to hearing the accident from their driveway nearby. The Kollers were the first to arrive at the scene of the accident.
Moffit questioned the motives of the Kollers because both testified to knowing Patton and his family prior to the accident. Moffit also introduced Facebook comments from an earlier inForney.com article to which Joshua Koller came to the defense of Patton in November of 2013.
Wanda testified as soon as Joshua reached the first vehicle, which was Patton's, he hollered, “Momma, it's Ray.”
Both Kollers testified Farley was not wearing his seatbelt at the time of the accident nor did his airbag deploy. Jerry Nelson Jr., who testified yesterday, also stated Farley was not wearing his seatbelt and that he remained by Farley's side just before his death.
The state previously entered a photo into evidence which allegedly depicts Farley's airbag deployed.
In a Facebook comment posted November 19, 2013, on an inForney.com article about the rescheduling of a previous hearing in this case, Joshua Koller stated, “Oddly enough, out of everything that had been said about Ray, nothing has been said about the fact that Guy was NOT wearing his seatbelt in this accident … I will say Guy COULD still be with us otherwise.” [emphasis in original]
Fernandez questioned Wanda to determine if she smelled alcohol in Patton's vehicle or on Patton at the time of the accident. Before Fernandez could finish the question, Wanda replied “no.”
Wanda provided additional testimony which indicated she was within 10 to 12 inches from Patton's face until emergency personal arrived, which she estimated at 10 to 15 minutes. During that time, she testified, she did not smell any alcohol.
The prosecution questioned how Wanda Koller did not notice or smell the alcohol from broken beer bottles on the passenger side of Patton's vehicle.
Joshua Koller also testified he did not notice or smell alcohol but did notice a Walmart shopping bag on the passenger side of the vehicle. The state had previously entered into a evidence a photograph of beer bottles on the passenger side seat and floorboard of Patton's vehicle.
Joshua testified the road condition of FM 741 was poorly maintained and “broken.” Despite previously testifying he witnessed Patton driving at an “excessive speed,” Joshua stated “anything could've happened” and it was just a terrible accident and he didn't believe Patton was at fault.
Moffit asked if Joshua knew Patton was intoxicated and on drugs, would his opinion be swayed as to who was at fault. “Perhaps it would sway my opinion,” stated Joshua.
If convicted, Patton faces a two to 20 year sentence in prison and up to a $10,000 fine.
Testimony will continue tomorrow morning, August 7, 2014, at 9 a.m. in the 422nd District Court.
