Bar closes in fatality aftermath
By Jennifer Rios, San Angelo Standard-Times, Texas | |
McClatchy-Tribune Information Services |
Nautical twilight had set in by the time a broken-down Chevrolet pickup made its way to the middle of the road -- just down the road from
The crash occurred about
Di Pietro's death has spurred six felony indictments, a lawsuit naming three parties and shut down the
Since then a
After months of counseling, reading the Bible and seeking comfort from friends,
"It's going to hurt. It's going to scar me for life, but I have the rest of my life to mourn and cry," she said over the phone Friday, "but I have to do this for my son."
Schmidt, represented by
Both manslaughter charges are second-degree felonies punishable by two to 20 years in prison and a fine up to
In
She said automobile insurance could have covered the amount, but McBurnett did not have liability insurance on his pickup, which had been registered to Gray, who was a former employer. Gray said he had fired McBurnett several weeks before the crash and had sold the pickup to him for salvage. It wasn't running when the pickup was sold.
MENTAL STATE QUESTIONED
In March,
Jail Lt.
"Doctors will treat him," said
Until then his charges, intoxication manslaughter with a vehicle, manslaughter and criminal negligent homicide, will be postponed indefinitely.
A competency hearing was held earlier this month after a psychological evaluation was filed with the court. Medical records, including the court-ordered evaluation, are not public record.
McBurnett had been drinking at the
McBurnett was behind the steering wheel trying to start his vehicle when a motorcycle driven by Di Pietro, 28, crashed into the pickup, police said.
Di Pietro was pronounced dead at the scene. He had been stationed at
Evidence at the crash scene shows that the motorcycle brakes were applied almost 80 feet before it fell on its left side and slid 18 more feet before crashing into the pickup, a police news release said.
In
McBurnett and Schmidt had trial dates scheduled for
In 1998 McBurnett was convicted of driving while intoxicated three or more times, according to online judicial records. He was sentenced to five years in the
ALCOHOL-RELATED PROBLEMS
Administrative Law Judge
Two sales to intoxicated people stemmed from the Di Pietro case and one from a fatal crash
Bevers' girlfriend,
Several family members testified during his trial, saying Bevers said he and Gartrell had been drinking at the
Lawson also claimed his bartenders never served Bevers "at all," Lawson said.
An administrative hearing was held
In December and then again in January, Lawson had a bartender arrested on suspicion of
"She said, 'I can't do this anymore,' " Lawson said . "I said you know what, I can't do this anymore either. I'm tired of it (operating the bar)."
The bartender told Lawson she would have served McBurnett, too, because she didn't think he was drunk.
Lawson, who said he's watched video of McBurnett and Schmidt trying to move the pickup, said more than 20 vehicles drove by before Di Pietro struck the pickup. It was unclear how far the pickup was in the roadway when motorists were passing.
Lawson said that his bartender served McBurnett three 12-ounce bottles of beer, and that he stopped drinking by
Lawson represented himself in court because he couldn't afford
"I was guilty when I walked through the door," he said.
He was told by Schmidt's family that a crash reconstruction was conducted, or will be, for trial. He questions Di Pietro's speed and when the brakes were applied.
Lawson had been at Daytona Beach for Bike Week, an annual motorcycle rally, when a musician who played that night at the
"I think everybody's to blame in this situation," he said.
___
(c)2014 the San Angelo Standard-Times (San Angelo, Texas)
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