The prosecutor in the case of a Trinity man who received shock probation for the drunk driving death of a Lufkin teenager said Tuesday he is looking into whether the defendant was even eligible for that sentence.
San Jacinto District Attorney Bill Burnett said Justin Sutton's previous conviction for burglary of a building in 2005 should make him ineligible for shock probation, according to the criminal proceedings code.
"The criminal proceedings code says you're not eligible for shock probation if you've served time for a felony, and he has," Burnett said.
Trinity County Judge Chap B. Cain was assigned to the case after the San Jacinto County judge originally assigned, Elizabeth Coker, stepped down citing a personal connection to the defendant, according to Burnett.
"I believe that she knew his grandparents so she recused herself," he said. "Also, she was going to be in Kenya on a mission trip."
On Dec. 8, 2007, Sutton's SUV plowed into the back corner of the Medellin family's Suburban, sending the vehicle rolling into a field around 9:05 p.m. The four Medellin children, though wearing their seat belts, were ejected and 14-year-old Eduardo Medellin Jr. died at the scene. Medellin's 13-year-old brother Eric had to have his left leg amputated by medics at the scene, and may still lose his right leg as a result of the crash, Burnett said. Sutton was sentenced to pay $60,000 in restitution for Eric Medellin's injuries.
Ten-year-old Edgar Medellin suffered a broken spine, while 5-year-old Emily Medellin suffered a broken leg. The children's mother, Angie, suffered a broken arm and has suffered a great deal of emotional pain as a result of the accident, Burnett said.
Sutton's blood alcohol level was .25 — more than three times the legal limit — when the accident occurred .
"He did even realize he was on Highway 59 at the scene," Burnett said. "That's how out of it he was."
Cain sentenced Sutton to deferred adjudication for one count of intoxicated manslaughter and four concurrent 10-year sentences for four counts of intoxicated assault with the possibility of shock probation after spending 160 days in prison.
Burnett called the outcome of the trial "shocking," noting that the sentence of deferred adjudication is void and will require re-sentencing.
"You can't give deferred adjudication for intoxicated manslaughter," Burnett said. "The judge was advised he couldn't do it but he did."
Cain could not be reached for comment on the sentencing.
