Thursday, March 5, 2009

Man gets 8 years in DWI crash killing unborn child

Man gets 8 years in DWI crash killing unborn child


WACO — A man was sentenced Wednesday to eight years in prison for a drunken driving accident that killed his unborn child and another driver.

Jurors deliberated about five hours before deciding on the penalty for Mark Allen Brown, 22, who pleaded guilty earlier this week to two counts each of intoxication manslaughter and intoxication assault in the crash two years ago.

Jurors also sentenced him to probation to be served after he is released: five years for his unborn son’s death, five years for his girlfriend’s injuries and 10 years for the intoxication assault charge involving injuries to a passenger in the other car. Brown also was fined $5,000.

Because his vehicle was considered a deadly weapon, he must serve at least four years before he is eligible for parole. He faced up to 20 years in prison.

Brown testified that after he got home from his all-night shift at a grocery store and drank a couple of beers, his girlfriend — who was seven months’ pregnant — complained of abdominal pains. He told jurors he did not believe he was too drunk to drive her to the hospital.

His blood-alcohol level later was found to be .09, just above the state’s legal limit of .08, according to testimony.

Brown said the wet road caused his car to hydroplane and collide with another car, killing Jesse Franklin, 81, of Hillsboro, and injuring Franklin’s wife.

Three troopers testified that Brown said they were on their way to a shopping mall.


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