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Link to the story... http://www.hcnonline.com/articles/2009/10/07/conroe_courier/news/howard1007.txt
Jury to determine man’s sentence for intoxication manslaughter
By Lucretia Cardenas
Updated: 10.06.09
A Montgomery County jury continues deliberations today to determine the fate of a Willis man who admitted to driving a motorcycle drunk and ultimately crashing the bike, causing the death of his friend.
“It was all my fault because of my consumption of alcohol and bad judgment that day,” testified John Lewis Howard, 56, who pleaded guilty to intoxication manslaughter on Monday in the 221st state District Court of Judge Suzanne Stovall.
Six women and six men deliberated for more than three hours Tuesday evening trying to decide what punishment Howard should receive. They are expected to reach a decision today.
Asking the jury to send a message to drunk drivers, Montgomery County Assistant District Attorney Warren Diepraam recommended a punishment of 15 to 20 years in prison. Howard’s attorney, Jarrod Walker, agreed that Howard needs to be punished but requested that the jury let Howard salvage his life and receive probation.
Howard testified Tuesday that he hasn’t drank since the accident on April 3, 2008, when his motorcycle left FM 1097 and his passenger, Tammy Hillhouse, 37, was thrown from the vehicle.
“I don’t want drunks on the road anymore than you do,” Walker said during closing arguments. “…Since that day he’s tried to make it right.”
He pointed out Howard’s friends and family members who had crowded into the courtroom to show their support.
However, Diepraam told jurors that Howard had his chances when he received probation for previous misdemeanor offenses that include assault and driving while intoxicated. If Howard wouldn’t have chosen to drink and drive, the accident would not have happened, Diepraam said as he displayed a photograph of Hillhouse, dead. Her family members broke into tears and a Department of Public Safety trooper comforted Hillhouse’s mother.
“He wants you to feel sorry for him by pleading guilty,” Diepraam said. “… This time it’s your turn to protect us.”
During Howard’s testimony, Howard repeatedly said that Hillhouse’s death made him put down the bottle and begin a new life. He also admitted to having a problem with alcohol and Walker told jurors that alcohol is the underlying factor behind all of Howard’s run-ins with the law.
“Look where I’m sitting,” Howard testified. “A person died. Yes, I have a problem.”
But Diepraam drilled Howard on several lies he told law enforcement. Howard lied about how the accident occurred and said he didn’t drink hard liquor even though a DPS trooper found whiskey in his bag at the crash scene, Diepraam said. To wit, Howard said he lied because he wasn’t thinking clearly and he was trying to protect himself.
Intoxication manslaughter is a second degree felony punishable by two to 20 years in prison and up to a $10,000 fine.