BROWNWOOD, TX-- A Brownwood man found out his fate, on Thursday, for the death of eight-year-old Daylan Franklin.
Samuel Juarez Jr., 35, struck and killed Franklin in his 1995 Ford Crown Victoria on Dec. 17, 2016. Juarez' blood alcohol content was .276, more than three-times the legal limit. The incident happened outside the house of Franklin's grandmother, where he had been playing with his five-year-old brother.
District Judge Steve Ellis handed down the punishment of 20 years in prison in the 35th District Court. The State sought murder charges after Ellis referred to Juarez' car as a deadly weapon.
District Attorney Michael Murray said the felony murder rule applied in the case, but the state was unable to prove murder.
In his opening statement, Defense Attorney Lynn Inglesbe, from Abilene, said the death of Franklin was unavoidable with or without alcohol.
According to testimony, Juarez had a long history of arrests and alcohol-related incidents, including two previous DWI conviction.
The 20-year sentence means Juarez will be eligible for parole in roughly 10 years, around the time Daylan would have graduated from high school.
Subscribe to the LIVE! Daily
Required
Post a comment to this article here: