Murder trial is county's first for DWI death

[Retired-18]

Posted on Wed, Oct. 20, 2004







Murder trial is county's first for DWI death


By Melody Mcdonald

Star-Telegram Staff Writer


FORT WORTH - Jake Aaron Strickland had just left a downtown nightclub and was intoxicated.

He got behind the wheel of a friend's car, drove the wrong way down Belknap Street and, as he entered Airport Freeway, struck another vehicle.

In the early morning hours of Dec. 21, Strickland, a twice-convicted drunken driver, caused the death of Brent Jones, 37, a father of infant twins.

That much the prosecution and defense agree on.

What Strickland is guilty of, however, is a heated point of contention.

Defense attorneys Abe Factor and Terri Moore told jurors on Tuesday that Strickland is guilty of intoxication manslaughter.

Prosecutors Richard Alpert and Mollee Westfall called it murder.

It's the first time in Tarrant County history that prosecutors have sought a murder conviction in a fatality involving driving while intoxicated. A similar case was successfully tried in Harris County, but the verdict is on appeal.

If convicted of murder, Strickland, 25, faces up to life in prison.

During opening statements at his trial Tuesday, Westfall outlined the state's case and gave jurors a glimpse into the lives of the victim and the defendant.

Brent and Julie Jones were the parents of premature twins -- babies who spent the first few months of their lives in the hospital.

On Dec. 20, the couple decided to spend their first night out together since Lauren and Jacob's birth. The couple left the twins with Julie Jones' mother and went to a Christmas party in Dallas, Westfall said.

On their way home, Julie Jones was driving their green Chevrolet Tahoe, headed south near downtown in the 2000 block of Airport Freeway, when she noticed a green 1995 Isuzu Rodeo coming toward them, going the wrong direction.

At that moment, Westfall said, Julie Jones heard her husband speak his last words: "Ju -- that car!"

The Rodeo struck the Tahoe's passenger side, killing Brent Jones instantly.

Julie Jones and Strickland rode in the same ambulance to an area hospital.

In the hours after the wreck, Detective R.L. Wangler discovered that alcohol was a factor, and Strickland was arrested on a charge of intoxication manslaughter in Brent Jones' death and intoxication assault in connection with Julie Jones' injuries.

Later, Westfall said, Wangler learned that Strickland had two prior DWI convictions, making this one his third -- a felony.

Wangler upgraded the charge to murder.

Under the Texas Penal Code, a person can be charged with murder if, while committing a felony, he or she also performs an act "clearly dangerous to human life" and causes the death of another person.

In this case, Strickland is accused of committing felony DWI and then driving the wrong way down the freeway, an act that prosecutors said was clearly dangerous to human life.

"When you look at all the evidence ... you will know he is guilty of murder," Westfall told jurors.

In her opening statement, defense attorney Moore said Strickland is willing to accept responsibility for Brent Jones' death. But intoxication manslaughter -- not murder -- is the crime he is guilty of, Moore said.

"The government has overcharged their case," she said, motioning toward members of the news media in the courtroom. "The government cannot prove murder. The government, it is sad to say, is playing to these cameras.

"He is guilty, and he is guilty of intoxication manslaughter, not murder."

The defense strategy is interesting because Strickland was not charged with intoxication manslaughter, a lesser charge that is not included in the legal definition of murder.

It remains to be seen whether jurors will even be able to even consider conviction on a charge of intoxication manslaughter, which carries a punishment range of two to 20 years in prison.

It is expected that, if jurors are not allowed to consider a charge of intoxication manslaughter, the defense will ask the panel to find Strickland not guilty of murder, and to consider whether he is guilty of felony DWI, which carries a punishment of two to 10 years in prison.

The opening day of testimony was marked by a courtroom packed with news media, friends and family of Brent Jones, and supporters of Strickland, who kept his head bowed most of the day.

The last witness of the day was Brent Jones' widow, who talked about the birth of their babies, their first night out and the last moments of her husband's life.

After the collision, she yelled her husband's name and tried to reach him, but couldn't, she said. She said she remembers people rushing to their vehicle, trying to help them.

"Did you know if he was dead or alive?" prosecutor Alpert asked.

"I felt in my heart that there was a true possibility that he was not going to be going home with me, but I held onto a shred of hope," she said.

Testimony is expected to resume at 9 a.m. today in state District Judge George Gallagher's 396th District Court.

IN THE KNOW

Fund for twins

An education fund has been set up for Jacob and Lauren Jones. Donations may be made at Southwest Bank, P.O. Box 962020, Fort Worth TX 76162.

[key jo]

If found guilty, he better get more than 10 years no matter what the charge!

Sorry, I get frustrated with our judicial system.

[Retired-18]

Considering my husband is serving six for felony dwi and has never even been in an accident I can certainly understand your frustration.

[key jo]

I just don't get a person can kill 2 people in 2 separate accidents and gets 8 years. My hubby has a car accident and hurts two people and himself and there are questions on the cause of the accident and his prior felony had nothing to do with alcohol and he received 10 years. Sorry, had to say that. I just don't get it.

If this guy gets any less than 10, I'm going to have to start something!

[Retired-18]

If he does get less than ten I think we all need to start something.