Victoria mother sickened by dismissal of manslaughter charge years after son’s death

Sept. 30--A Victoria mother worries she may never get justice after learning prosecutors dismissed charges against the intoxicated driver she says was responsible for her son's death.

"My son could be here today. It didn't need to happen," said Kay Elizondo Gregston, 46, adding, "(The intoxicated driver) took the right for my son to be called a dad one day, to be called a husband, and for me to be a grandparent."

Gregston's son, Scott Wynn, 20, was killed Jan.17, 2015, when the pickup truck he was riding in collided head-on with another vehicle on SH 149 in Panola County. Allen Frasier, then 19, who was driving Wynn, was charged with intoxication manslaughter after failing a blood-alcohol test. But that charge was dropped in February, said a Panola County deputy district clerk.

Three years later, Gregston said she is still tortured by constant reminders of her loss.

"I have a lot of different triggers. It could be a song on the radio, it could be a preview to a new movie, and I think, 'Oh, I should call Scott and make sure we go to this.' It's so many different things," Gregston said Friday. "I could be shopping, and it could be a shirt that makes me think, 'Oh, Scott would love this - oh, wait.'"

While Gregston said she no longer cries all the time, she does at least once a day.

"My shower is my alone time," she said. "When I close that bathroom door, my husband knows to just leave me alone."

Gregston, who has lived in Victoria since 1999, described her son, who was a Victoria resident from 1999 to about 2014, as a promising young man who defied expectations.

"He could be skateboarding one day, and he could be riding a bull the next day," she said.

But he was also a person who lived to love those around him.

At her son's funeral, Gregston said she was stunned by the number and diversity of those who attended. Despite their differing backgrounds, the crowd had one thing in common. They had all been touched by her son's generosity and compassion.

"Scott talked people out of suicide. Scott helped people get jobs. There's a couple that got married because Scott introduced them," she said. "This kid was amazing."

So, when Gregston learned from a family member in August that Panola County prosecutors were no longer pursuing a case against Frasier, the intoxicated driver, she was shocked and deeply dismayed. Gregston added that she also was disappointed by prosecutors' failure to notify her of the dismissal after asking to be regularly updated.

Panola County District Attorney Danny Buck Davidson said the case's evidence is not enough to convict Frasier, according to a Sept. 23 Panola Watchman story.

"It's a tough call," said Davidson.

Some witnesses of the crash said the other driver caused the wreck by initially crossing into Frasier's lane of traffic, said Frasier's attorney, Rick Berry. And the insurance companies agreed, Berry said.

Davidson also said investigators' mistakes further complicated prosecution.

"I've got too much evidence on both sides, and I can't prove beyond a reasonable doubt what happened," the district attorney said.

But Gregston said she isn't satisfied with that explanation. If there is evidence on both sides, then both drivers should be brought to trial, she said.

In fact, the mother said she has started coordinating and communicating with the families of other victims who also claim Davidson failed them. Gregston said she has asked the Texas Rangers to investigate Davidson.

Gregston said she is sickened by that failure to provide justice.

"It's his job to bring justice, and instead he swept it under the rug," she said.

Panola Watchman reporter Meredith Shamburger contributed to this story.

Jon Wilcox reports on courts for the Victoria Advocate. He may be reached [email protected] or 361-580-6515.

___

(c)2018 Victoria Advocate (Victoria, Texas)

Visit Victoria Advocate (Victoria, Texas) at www.victoriaadvocate.com

Distributed by Tribune Content Agency, LLC.