One of the most common charges to be brought in Texas when the actions of a driver result in a loss of life is intoxicated manslaughter. This is essentially drunk driving that causes a death.
But murder charges were brought in the wake of a recent crash that caused a death in Texas.
Recently, Dagoberto Castañon and Rogelio Avila were arrested in Florida and charged with murder for the April 15 hit-and-run crash that claimed the life of a 13-year-old boy in Dallas. Avila was later set free.
CBS reported investigators believe that both Castañon and Avila were in a van that fled from police in Highland Park in Dallas and crashed into the back of a car carrying Ethan Vazquez and his mother, Sandy. Ethan died at the accident scene while Sandy was transported in critical condition to a local hospital, where she is slowly recovering from her injuries.
The two suspects were apprehended in a trailer park in Florida by U.S. Marshals
According to reports, Avila posted $25,000 bond on a probation revocation charge on and was released.
In a statement Dallas County District Attorney said investigators have determined that Avila was not the driver of the car.
Toby Shook, a former prosecutor, told CBS it appears that Avila has flipped on his co-defendant.
“Apparently their investigation has led to their belief that the other suspect is the driver, so they want the co-defendant’s help in getting them evidence,” Shook said.
Shook said in the report it is unusual to allow someone to post bond out of state in a murder case.
“Apparently there’s been no bond made on the murder charge,” said Shook. “The major question is what happened to that murder charge?”
Dallas Police said they are aware of Avila’s release. Castañon remains in custody.
Manslaughter charges are more common in fatal driving cases. Texas does not officially use the term “involuntary manslaughter” or “voluntary manslaughter.” Texas law combines the two into a single charge. The stakes are very high in murder or manslaughter cases and it’s important to hire an attorney with proven success in representing defendants in these cases.
