A Trinity man responsible for the drunk driving death of a Lufkin teenager could walk free after completing 160 days in prison, according to the San Jacinto County District Attorney.
Justin Sutton, 25, received deferred adjudication for one count of intoxicated manslaughter and four concurrent 10-year sentences for four counts of intoxicated assault. He was given the possibility of shock probation after spending 160 days in prison.
Contributed photo |
Justin Sutton
|
San Jacinto County District Attorney Bill Burnett called the outcome of the trial "shocking," noting that the sentence of deferred adjudication is void.
"You can't give deferred adjudication for intoxicated manslaughter," Burnett said. "The judge was advised he couldn't do it but he did. The state will appeal that sentence and we'll go back for re-sentencing more than likely."
Two weeks before Christmas in 2007, 14-year-old Eduardo Medellin Jr. of Lufkin was killed when his family's Suburban was struck by Sutton's SUV on U.S. Highway 59 North. Medellin's family was on their way home from Christmas shopping in Houston. Sutton's blood alcohol was .25 when the accident occurred — more than three times the legal limit. Medellin and his three brothers and sisters though were ejected from the vehicle on impact despite all of them using seatbelts, according to previous reports.
"The vehicle rolled at least three times, according to the accident reconstruction," Burnett said. "The (Texas Department of Public Safety) troopers testified that it was the most horrific fatality accident they had ever seen. The female trooper that performed CPR on the boy that died at the scene broke down on the stand Friday. Everyone who worked that accident received crisis counseling and they're still affected two years later."
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 as a result of the crash, Burnett said. He has four surgeries scheduled starting next month to try to save his crushed right leg. Sutton was sentenced to pay $60,000 in restitution for Eric Medellin's injuries.
Ten-year-old Edgar Medellin suffered a broken spine, while five-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 is currently in the San Jacinto County Jail awaiting the start of his prison sentence. This was not his first offense. In 2005, he received a prison sentence for burglary of a building and also had a prior conviction for possession of marijuana, according to public records.
