The family of a Lufkin teen who died in a drunk driving accident two years ago was heartbroken Friday after hearing the final sentence handed to the man responsible. Justin Sutton, 23, of Trinity, was sentenced to one year in the San Jacinto County Jail and 10 years probation.
In Dec. 2007 the Medellin family was headed home from Christmas shopping in Houston when Sutton's vehicle hit their Suburban from behind, sending it into a death roll around 9:05 p.m. Sutton's blood alcohol level was three times the legal limit at the time of the accident, according to the accident report. The accident happened on U.S. 59 in San Jacinto County.
All four of the seat-belted Medellin children were ejected suffering major injuries — the worst of all 14-year-old Eduardo, who died at the scene of a massive head injury.
Thirteen-year-old Eric's left leg was severed as the vehicle rolled over the top of him, severely crushing his right. The children's mother, Anngie Medellin, says Eric has been robbed of his childhood the last two years, undergoing numerous surgeries to save his right leg. Five-year-old Emiley suffered a broken leg and 10-year-old Edgar suffered a broken spine. During the trial, which was not heard by a jury, state troopers testified that it was the "most horrific" accident they had ever seen.
In October, Trinity County Judge Chap B. Cain III handed down a sentence to Sutton that he was ineligible for, according to San Jacinto County District Attorney Bill Burnett. That sentence was deferred adjudication in a rehab facility for the death of Eduardo, four 10-year sentences to be served simultaneously with the option of parole in 160 days for the Medellin's injuries and $60,000 to Eric for the loss of his leg, money meant to be used as a college fund.
Anngie Medellin called the original sentence a "slap in the face," and said she hoped for justice in the re-sentencing.
On Friday, the same judge re-sentenced Sutton to one year in the San Jacinto County Jail, and gave him 10 years probation in place of 10 years in prison for the death of Eduardo. He will also pay a $2,000 fine. Burnett said he wasn't happy with the sentence, noting that in litigation he never asked for anything less than 40 years total to be spent in prison.
"If there was ever a case in my 30 years as an attorney that I thought cried out for prison time this was the case," Burnett said. "I'm disappointed. This was a bad day."
After Sutton serves his jail sentence he will be sent to a rehab detention center for six months to a year and once freed will not be allowed to drive a vehicle or a boat for the next 10 years while on probation, Burnett said. Cain maintained that Sutton pay $60,000 in restitution to Eric for his injuries.
"The judge also granted the defense's request that the four concurrent 10-year prison sentences be re-visited — those were also probated concurrently," Burnett said.
Anngie Medellin, said she feels like Sutton is getting away with what he did to her family.
"One year in county jail for everything?" she asked, sobbing. "I feel like I've let them down — like I've let Eduardo and Eric down. I've spent night after night watching Eric fight in that hospital to keep his leg. Maybe I didn't fight hard enough for this. How am I going to tell him ..."
"He had another big surgery this week and they've given him a lot of blood," she continued through tears.
"He's been running fever and the doctor said that if he doesn't start eating they'll put a feeding tube in."
Cain could not be reached for comment on the resentencing Friday.
