Houston Hit-And-Run Cyclist Killer Convicted

Bike Killer Convicted – Pedestrian Killer No BilledTwo Justice Systems in Harris CountyDo Minority Lives Matter?The Harris County Grand Jury Says Not.

            Many in Houston have been following the front page worthy trial of Margaret Mayer, the Houston woman accused of killing a cyclist in Montrose on December 1, 2013.  Ms. Mayer was not charged with intoxicated manslaughter because she was not caught soon enough after the crash.  The Harris County District Attorney’s Office instead charged her with Leaving the Scene of an Accident that Caused Death.  In other words, they did not over charge the defendant and she was charged with hit and run.  Ms. Mayer was convicted and sentenced to 15 years in prison.  Was justice served?  Yes, but this again highlights that we have two different justice systems in America and Harris County, Texas.  The system for the white privileged, and the system for everyone else.

ANOTHER CASE OF LEAVING THE SCENE OF AN ACCIDENT

            I want to tell you about another news worthy case, however, this particular case was not prosecution worthy.  I worked for a big time Houston personal injury law firm while I was in law school.  During that enlightening time, I had to opportunity to work on a civil wrongful death case where a nineteen year old wealthy Memorial area girl, Rebecca Bowman, killed a pedestrian and left the scene.
             Ms. Bowman was in town visiting from college. She decided to go to a bar on Washington Avenue.  That would be fine, you know, if she was of legal age, but she wasn't.  So, she used a fake I.D. to get into the bar.  She didn't just go inside the bar, she also drank.  I mean she got absolutely sloshed, or as the college girls used to say, "wastey facey."  After downing maybe a copious amount of alcohol, the privileged little girl decides to hop in her “4,000 pound killing machine” as prosecutors so frequently define cars, when that's the story they want to tell (hint: the D.A. did not tell tell that story).  Ms. Bowman is driving her Suburban down the busy bar and pedestrian lined street with a friend in the passenger seat when Ms. Bowman hits a pedestrian.
             This poor (in both senses of the word) young man, Mr. Dorantes (to show how much disrespect the D.A. had for Mr. Dorantes, she couldn't even get his name right on the complaint, which is just despicable) is sent flying dozens of feet, leaving his shoes where he was hit.  Just like in the movies.  I will never forget the picture of him lying in the middle of Washington Ave., and his skull looking like someone took the tool used to kill cattle and put it in the center of Mr. Dorantes’ skull.  His brains and blood were spewed about the street.  Ms. Bowman continued drive several blocks until she was pulled over, despite, if I remember correctly, her passenger telling her to stop because she hit a person.  If I recall correctly, Ms. Bowman also told police she thought she may have hit a car.

            Ms. Bowman’s blood sample reflected that her blood alcohol level was over a .15.  Here is where it gets interesting, and where we have to scrutinize the Harris County D.A., and question, YET AGAIN, is whether there are two systems of justice:  One for White Privilege and One for Everyone Else?  The D.A. "presented" Ms. Bowman’s case to the Harris County Grand Jury.  The D.A. was “interested” in pressing charges against Ms. Bowman for Leaving the Scene of An Accident Involving Injury or Death, and Intoxicated Manslaughter.   

GRAND JURY NO BILL

            GUESS WHAT!?  SURPRISE! SURPRISE!  The Grand Jury returned a NO BILL!  In layman’s terms, Ms. Bowman was not charged with either felony.  Instead, she was charged with DWI > .15 BAC, a class A misdemeanor.  Curiously, the Harris County District Clerk’s website does not say how her case was disposed of, fishy fishy.  I have never seen that before.  Just read this Houston Chronicle article, and you will learn that the Assistant District Attorney refused to discuss the case, I wonder why?  NOT.  Because it was a miscarriage of a justice! For heaven’s sake, the defense attorney is quoted as saying, “It was a horrible, unavoidable accident.”  Well, um, the law is called leaving the scene of an accident…. AM I MISSING SOMETHING!?  I mean, that is an admission of guilt, right?

            We have heard this a thousand times in the last month, A PROSECUTOR CAN GET A GRAND JURY TO INDICT A HAM SANDWICH, but the prosecutor could not get the Grand Jury to indict a 19 year old girl who used an illegal fake I.D. to get absolutely wasted at a bar then drove and killed a man, then left the scene even though her passenger told her she hit a man!  You are telling me that there was not probable cause to bring charges and turn this incident into a formal, adversarial matter?! ARE YOU FREAKING KIDDING ME!?  IT IS CLEAR, there are two justice systems in this county.  Let’s review.

            Case A: Rich 19 year old girl uses illegal fake I.D. to enter bar on Washington, get wasted, and hops in Suburban to drive off.  She kills a pedestrian and continues driving without returning to scene.  She is caught mere blocks away with blood alcohol level is well over .15, a Class A Misdemeanor. (Caught red handed, yet not prosecuted).

            Case B:  Woman leaves bar in truck, allegedly hits biker who is not wearing proper clothing or helmet and continues driving.  She fixes damage to her truck that may have been caused by another accident.  Found several days later and charged with leaving scene of accident causing death. Convicted and Sentenced to 15 years in prison. Bicycle lobby pushes hard for conviction.  (Charged. Convicted. Public Enemy #1). 

            There are a few reasons that led to these different results:

1)    The “bike lobby” aggressively pushed for the defendant in case B to be charged and convicted
(front page of the Houston Chronicle has a picture of a cyclist hugging the victim’s father.) Would
this case have been so news worthy but for the cyclist lobby?  Do minority communities need to
demand equal justice from credible sources, instead of the Quanell X’s of the world?

2)    The deceased in case A is a poor Mexican.  Does the  District Attorney not value the life of a poor Mexican the same as American, white and wealthy girl?

3)    The deceased in case B is a white American girl.

4)    The suspect in case A is a rich white girl.  I mean, aren't rich white girls allowed to make fatal mistakes and not be punished?

5)    The suspect in case A was represented by a former Harris County Chief Assistant Attorney (a certain amount of nepotism perhaps) (note that the defendant in case B is represented by the self-proclaimed best lawyer in the world).

            Look at the facts, and you can see there are two different justice systems in Harris County, Texas.  There is one for wealthy white girls, and one for poor Mexicans.  Isn't it ironic that when the white girl is the victim, the poor Mexican gets crucified, yet when the poor Mexican is the victim, the white girl gets vindicated? (Note: no poor Hispanics involved in the Mayer case.) It makes me sick.  Let’s bring more light to this troubling problem.  Let’s change the way the system works.  

Cory Roth
713-864-3400
CoryRothJD@gmail.com