- Oct 25, 1999
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Judge's drunk-driving daughter suing the guy SHE hit, killing her passenger
- Thread starter UnatcoAgent
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- Oct 25, 1999
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Judge's daughter sues driver she ran into during crash
By BRIAN ROGERS Copyright 2008 Houston Chronicle
Dec. 18, 2008, 7:42AM
Elizabeth Shelton, shown with her father, juvenile court Judge Pat Shelton, had a blood alcohol concentration more than three times the legal limit when the SUV she was driving rear-ended a truck, killing her boyfriend.
Convicted last year of intoxication manslaughter for the death of her boyfriend, the 21-year-old daughter of a state district judge is suing the truck driver she ran into during a drunken driving crash.
Elizabeth Shelton, the daughter of juvenile judge Pat Shelton, is accusing truck driver Lance Bennett of negligence in the Oct. 23, 2007, wreck that killed her boyfriend Matthew McNiece.
Shelton had a blood alcohol concentration more than three times the legal limit, two tests showed. She was sentenced to eight years' probation and had to serve four months in jail.
Shelton, her family and the family of the boyfriend who was killed are suing for $20,000 for the destruction of the Lexus SUV she was driving and an undetermined amount for mental anguish, pain and suffering.
Bennett was driving the box truck that Shelton rear-ended on the Southwest Freeway near Kirby around 2 a.m.
Bennett's attorney, John Havins, said the lawsuit, filed in October, was the last chance to make a claim before the statute of limitations ran out.
He noted that Shelton named 16 defendants, including insurance companies and banks. "They're just throwing everything against the wall to see if anything sticks," Havins said.
During Shelton's trial, an expert for the defense testified there was evidence that Bennett swerved into Shelton's lane. An expert for the prosecution, however, said there wasn't evidence that Bennett got in her way.
Testimony also showed that the company Bennett was working for let the insurance on the truck lapse.
"The injuries and property damage sustained by (Shelton and her family) were not the result of intentional acts, but were accidental and caused by the negligence of the uninsured/underinsured driver," Shelton's attorney Mark Sandoval wrote in the lawsuit.
By BRIAN ROGERS Copyright 2008 Houston Chronicle
Dec. 18, 2008, 7:42AM
Elizabeth Shelton, shown with her father, juvenile court Judge Pat Shelton, had a blood alcohol concentration more than three times the legal limit when the SUV she was driving rear-ended a truck, killing her boyfriend.
Convicted last year of intoxication manslaughter for the death of her boyfriend, the 21-year-old daughter of a state district judge is suing the truck driver she ran into during a drunken driving crash.
Elizabeth Shelton, the daughter of juvenile judge Pat Shelton, is accusing truck driver Lance Bennett of negligence in the Oct. 23, 2007, wreck that killed her boyfriend Matthew McNiece.
Shelton had a blood alcohol concentration more than three times the legal limit, two tests showed. She was sentenced to eight years' probation and had to serve four months in jail.
Shelton, her family and the family of the boyfriend who was killed are suing for $20,000 for the destruction of the Lexus SUV she was driving and an undetermined amount for mental anguish, pain and suffering.
Bennett was driving the box truck that Shelton rear-ended on the Southwest Freeway near Kirby around 2 a.m.
Bennett's attorney, John Havins, said the lawsuit, filed in October, was the last chance to make a claim before the statute of limitations ran out.
He noted that Shelton named 16 defendants, including insurance companies and banks. "They're just throwing everything against the wall to see if anything sticks," Havins said.
During Shelton's trial, an expert for the defense testified there was evidence that Bennett swerved into Shelton's lane. An expert for the prosecution, however, said there wasn't evidence that Bennett got in her way.
Testimony also showed that the company Bennett was working for let the insurance on the truck lapse.
"The injuries and property damage sustained by (Shelton and her family) were not the result of intentional acts, but were accidental and caused by the negligence of the uninsured/underinsured driver," Shelton's attorney Mark Sandoval wrote in the lawsuit.
Gunslinger08
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- Nov 18, 2001
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SacrosanctFiend
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She deserves to be compensated for the mental anguish she has gone through. Losing your significant other because some stupid truck driver allowed himself to be plowed into is unforgivable.
seconded. $20,000 IMO doesn't nearly cover her losses at all. The truck driver is getting off lucky, he should settle.
Some background
http://www.freerepublic.com/focus/f-news/1907571/posts
"Defense expert says deadly crash was unavoidable (Judge Shelton-Houston)
Houston Chronicle ^ | 10.06.07 | PEGGY O'HARE
Posted on Saturday, October 06, 2007 5:38:57 PM by trumandogz
A judge's daughter accused of intoxication manslaughter could not have avoided the collision that killed her boyfriend because a truck driver had drifted into her lane, an accident reconstruction expert told a jury Friday.
Jurors also saw the defendant's father, District Court Judge Pat Shelton, accuse prosecutors of selectively punishing his daughter, saying they failed to charge the truck driver for not immediately stopping after the wreck. He then accused a witness who testified against his daughter of being an illegal immigrant.
The jury must decide whether Elizabeth Shelton, a 20-year-old University of St. Thomas student, is responsible for the death of her passenger, Matthew McNiece, 19, of Bellaire, as a result of the freeway crash last year.
Shelton's blood-alcohol concentration was more than three times the legal limit ? at 0.26 and 0.28 percent, based on two different blood tests ? after the wreck.
Mother testifies
Her mother, Julia Shelton, told the jury Friday that police treated Elizabeth Shelton inhumanely, hauling her out of a hospital hours after the accident in handcuffs and a paper gown to take her to jail. Accident reconstruction expert Joe Hinton, testifying for the defense, said Shelton had no chance to avoid the collision because the box truck, traveling next to her, veered a couple feet into her lane as she drove along the freeway's far left side next to a wall.
The crash "could have happened to anyone in this room exactly the same way," Hinton testified Friday, adding that a sober person also would have had no time to react. "Intoxication makes no difference."
Lance Bennett, the truck driver, has denied changing lanes before Shelton struck the rear of his vehicle.
Hinton's conclusions also contradict those of another expert who testified there was no evidence that the truck pulled into Elizabeth Shelton's lane.
Harris County sheriff's deputy David Pearson, who also reviewed HPD's work in the case, said no evidence shows the truck was in Shelton's lane, adding if a motorist "was driving at the speed limit and was not intoxicated, the crash would never have occurred."
Evidence problems
Both experts, nevertheless, agreed HPD's investigation was flawed. "It could have been a lot better," Pearson said of HPD's work. "There was a lot of evidence that wasn't documented properly."
HPD's lead investigator on the case, officer Sherwin Johnson, incorrectly had Shelton's car towed to a private storage lot instead of the secured police compound after the wreck ? a move that did not follow correct procedures.
Prosecutors had hoped to examine the crash data recorder, or "black box," in Shelton's car to retrieve information, such as her speed and braking at the time of impact, but attorney Mark T. Sandoval, representing Shelton's mother in a lawsuit against the truck driver, went to the storage lot and removed the box before investigators executed a search warrant.
Sandoval later gave the black box to prosecutors, but Lexus officials refused to analyze the data inside.
Heated exchange
In a brief, but volatile, courtroom exchange with prosecutors Friday, Shelton's father said he firmly believes the truck driver caused the wreck and argued prosecutors gave Bennett a pass when he failed to stop after the collision. Bennett returned to the crash site minutes later and cooperated with police.
"He could've been charged for failing to remain at the scene. You could've prosecuted both (drivers), and you did not do that," Pat Shelton said.
He said he was also told the truck driver had an arrest warrant for a hot check and was driving with lapsed automotive insurance, claims that visibly irritated prosecutor Paul Doyle.
"How in the world as a judge can you look at this jury and attack Mr. Bennett, who's out there doing his job?" Doyle retorted.
Shelton's father then claimed a witness to the crash who testified against his daughter was an illegal immigrant. Doyle appeared incredulous.
"The same man who stopped to aid your daughter, to do the right thing, you're attacking his citizenship status? Are you kidding me?" Doyle shouted.
"No one is above the law," Shelton's father responded.
'Extremely unprofessional'
Elizabeth Shelton's mother told the jury she was appalled at the way police treated her daughter. Julia Shelton described how police led her daughter out of a hospital hours after the crash, with her hands cuffed behind her back, wearing a paper hospital gown, barefoot and without underwear.
"The policemen were extremely ugly. I couldn't understand what this big rush was to get her off to jail," she said.
"It was all the police officers I encountered that evening ? they all copped an attitude, big time. There was chuckling. It was extremely unprofessional behavior. I was appalled."
Doyle asked if she thought it was appalling for someone to drive with a blood-alcohol concentration of 0.26 percent.
"I think it's irresponsible," she said.
"
http://www.freerepublic.com/focus/f-news/1907571/posts
"Defense expert says deadly crash was unavoidable (Judge Shelton-Houston)
Houston Chronicle ^ | 10.06.07 | PEGGY O'HARE
Posted on Saturday, October 06, 2007 5:38:57 PM by trumandogz
A judge's daughter accused of intoxication manslaughter could not have avoided the collision that killed her boyfriend because a truck driver had drifted into her lane, an accident reconstruction expert told a jury Friday.
Jurors also saw the defendant's father, District Court Judge Pat Shelton, accuse prosecutors of selectively punishing his daughter, saying they failed to charge the truck driver for not immediately stopping after the wreck. He then accused a witness who testified against his daughter of being an illegal immigrant.
The jury must decide whether Elizabeth Shelton, a 20-year-old University of St. Thomas student, is responsible for the death of her passenger, Matthew McNiece, 19, of Bellaire, as a result of the freeway crash last year.
Shelton's blood-alcohol concentration was more than three times the legal limit ? at 0.26 and 0.28 percent, based on two different blood tests ? after the wreck.
Mother testifies
Her mother, Julia Shelton, told the jury Friday that police treated Elizabeth Shelton inhumanely, hauling her out of a hospital hours after the accident in handcuffs and a paper gown to take her to jail. Accident reconstruction expert Joe Hinton, testifying for the defense, said Shelton had no chance to avoid the collision because the box truck, traveling next to her, veered a couple feet into her lane as she drove along the freeway's far left side next to a wall.
The crash "could have happened to anyone in this room exactly the same way," Hinton testified Friday, adding that a sober person also would have had no time to react. "Intoxication makes no difference."
Lance Bennett, the truck driver, has denied changing lanes before Shelton struck the rear of his vehicle.
Hinton's conclusions also contradict those of another expert who testified there was no evidence that the truck pulled into Elizabeth Shelton's lane.
Harris County sheriff's deputy David Pearson, who also reviewed HPD's work in the case, said no evidence shows the truck was in Shelton's lane, adding if a motorist "was driving at the speed limit and was not intoxicated, the crash would never have occurred."
Evidence problems
Both experts, nevertheless, agreed HPD's investigation was flawed. "It could have been a lot better," Pearson said of HPD's work. "There was a lot of evidence that wasn't documented properly."
HPD's lead investigator on the case, officer Sherwin Johnson, incorrectly had Shelton's car towed to a private storage lot instead of the secured police compound after the wreck ? a move that did not follow correct procedures.
Prosecutors had hoped to examine the crash data recorder, or "black box," in Shelton's car to retrieve information, such as her speed and braking at the time of impact, but attorney Mark T. Sandoval, representing Shelton's mother in a lawsuit against the truck driver, went to the storage lot and removed the box before investigators executed a search warrant.
Sandoval later gave the black box to prosecutors, but Lexus officials refused to analyze the data inside.
Heated exchange
In a brief, but volatile, courtroom exchange with prosecutors Friday, Shelton's father said he firmly believes the truck driver caused the wreck and argued prosecutors gave Bennett a pass when he failed to stop after the collision. Bennett returned to the crash site minutes later and cooperated with police.
"He could've been charged for failing to remain at the scene. You could've prosecuted both (drivers), and you did not do that," Pat Shelton said.
He said he was also told the truck driver had an arrest warrant for a hot check and was driving with lapsed automotive insurance, claims that visibly irritated prosecutor Paul Doyle.
"How in the world as a judge can you look at this jury and attack Mr. Bennett, who's out there doing his job?" Doyle retorted.
Shelton's father then claimed a witness to the crash who testified against his daughter was an illegal immigrant. Doyle appeared incredulous.
"The same man who stopped to aid your daughter, to do the right thing, you're attacking his citizenship status? Are you kidding me?" Doyle shouted.
"No one is above the law," Shelton's father responded.
'Extremely unprofessional'
Elizabeth Shelton's mother told the jury she was appalled at the way police treated her daughter. Julia Shelton described how police led her daughter out of a hospital hours after the crash, with her hands cuffed behind her back, wearing a paper hospital gown, barefoot and without underwear.
"The policemen were extremely ugly. I couldn't understand what this big rush was to get her off to jail," she said.
"It was all the police officers I encountered that evening ? they all copped an attitude, big time. There was chuckling. It was extremely unprofessional behavior. I was appalled."
Doyle asked if she thought it was appalling for someone to drive with a blood-alcohol concentration of 0.26 percent.
"I think it's irresponsible," she said.
"
Well, IF the box truck swerved into Shelton's lane suddenly and was traveling at a much lower speed, then MAYBE it wasn't all Shelton's fault.
But still, she was drunk off her ass, and had impaired judgment and reflexes. If she hadn't been drunk, maybe she would have swerved or braked sooner, and her boyfriend would still be alive.
Sounds more like Shelton refuses to take responsibility for killing her boyfriend. Or maybe she's just a money-hungry bitch.
The fact that the box truck wasn't insured should have absolutely no bearing on who is at fault. This is just a red herring thrown out by the scumsucking lawyer. It's not like Bennett went out one day and said, "I have no insurance, I'm going to try to kill someone today." Heck, if anything, Bennett would have been MORE cautious.
EDIT: Just read Turin39789's post.
There's a black box inside Lexus's?
Judge Shelton should be removed from the bench. He, of all people, should realize what is and what is not relevant to a case. The fact that he brought up a bunch of irrelevant issues shows that he's grasping at straws for his daughter's defense. "No one is above the law" indeed.
Mom's testimony is even more irrelevant. How is the policeman's behavior relevant to the circumstances leading up to the crash? It's just an attempt to garner sympathy from the jury. The defense attorney should have objected to it.
But still, she was drunk off her ass, and had impaired judgment and reflexes. If she hadn't been drunk, maybe she would have swerved or braked sooner, and her boyfriend would still be alive.
Sounds more like Shelton refuses to take responsibility for killing her boyfriend. Or maybe she's just a money-hungry bitch.
The fact that the box truck wasn't insured should have absolutely no bearing on who is at fault. This is just a red herring thrown out by the scumsucking lawyer. It's not like Bennett went out one day and said, "I have no insurance, I'm going to try to kill someone today." Heck, if anything, Bennett would have been MORE cautious.
EDIT: Just read Turin39789's post.
There's a black box inside Lexus's?
Judge Shelton should be removed from the bench. He, of all people, should realize what is and what is not relevant to a case. The fact that he brought up a bunch of irrelevant issues shows that he's grasping at straws for his daughter's defense. "No one is above the law" indeed.
Mom's testimony is even more irrelevant. How is the policeman's behavior relevant to the circumstances leading up to the crash? It's just an attempt to garner sympathy from the jury. The defense attorney should have objected to it.
Oooo Slime!
http://bennettandbennett.com/b...but-harris-county.html
"
Dec 18th, 2008 by Mark Bennett
From Social Services for Feral Children comes this story, which the Houston Chronicle seems to have flat-out missed.
Follow along here:
Elizabeth Shelton has a car crash. She rear-ends Lance Bennett (no relation AFAIK; I have a cousin Lance who went to LSU, but I don?t think he?s a truck driver). Her boyfriend, Matthew McNeice (the Chronicle renders it McNiece, but the District Clerk?s civil records have McNeice), is killed in the crash. Elizabeth?s SUV is destroyed.
Elizabeth is prosecuted for intoxication manslaughter. She is convicted. That is, a jury finds beyond a reasonable doubt that she caused McNeice?s death by reason of her intoxication.
Almost two years after the accident, Elizabeth sues Lance for the damage he did to her truck (and her manicure ? oh. mah. god.) when she rear-ended him while intoxicated, causing McNeice?s death.
This is the sort of thing that has the tort reformers slavering ? SSFC schools us Texas lawyers on negligence and contrib ? and that?s where the Houston Chronicle?s reportage seems to end.
But SSFC, one of my new blogospheric favorites, didn?t stop there. For some reason he looked up the case in the Harris County District Clerk?s records (hey, I didn?t even know that search page existed!). Here?s what he found:
Mark T. Sandoval, the lawyer for Elizabeth Marie Shelton (the woman who, already convicted of causing Matthew McNeice?s death by reason of her intoxication, is suing the man whose truck she hit) is also the lawyer for Barbara Chapman and Sid McNeice.
Who are Barbara Chapman and Sid McNeice? Representatives of the Estate of Matthew McNeice, the young man who was killed while ?hanging out the window? of the drunk woman?s truck, ?and yelling joyfully?, who is also suing the truck driver. Of course.
You would expect that the family of the man who Elizabeth killed might sue Elizabeth for killing him. It?s a laydown case since Elizabeth has been convicted of killing him.
Maybe that case has already been settled, and all of the accessible assets have been squeezed out of Elizabeth. But you would also expect the lawyer deciding when to stop squeezing not to be concerned about the interests of the squeezee ? a jillion-dollar judgment that will follow Elizabeth around (in case she hits the lottery or makes something of her life) along with the cash from her insurance policy might be better than just the cash.
So it?s strange that Sandoval, who as the lawyer for McNeice?s estate was responsible for suing Shelton, is representing both the estate and Shelton. Not to belabor the point, but he?s representing both the young man killed and the young woman already held legally responsible for snuffing out his life.
Doubly strange, Sandoval, as of April, had ?also represented Shelton?s wife in a lawsuit related to a fatal car crash involving their daughter, who was convicted of intoxicated manslaughter late last year.? In cause number 2007-13580 Sandoval sued Lance Bennett on behalf of Shelton?s mother, Julia Rogers, alleging that on October 23, 2006 Bennett collided not with Shelton but with Rogers in an auto accident)
That?s not generally the way we Texas lawyers roll. We actually know about conflicts of interest, and most of us don?t go around filing blatantly frivolous lawsuits against people.
But there are three things you have to know about Mark Sandoval.
First, he spent the three years from September 26, 1997 to September 26, 2000 suspended from the practice of law for conduct involving dishonesty, fraud, deceit, or misrepresentation, and the period from March 27, 1998 to March 26, 1999 doubly suspended from the practice of law (I couldn?t find an announcement in the Texas Bar Journal explaining why, possibly because he was already suspended at the time).
Believe it or not, it?s not easy for a Texas lawyer to get himself suspended; Sandoval had already been publicly reprimanded twice, on February 22, 1995 (for charging an illegal or unconscionable fee, and for failing to protect a client?s interests on termination of representation) and on May 9, 1996 (for a laundry list of disciplinary violations).
Second, he takes appointments in Harris County juvenile cases. The appointed juvenile defense bar is not representative (to put it gently) of the Texas bar, the Harris County bar, or the Harris County defense bar as a whole. To put it less gently, the quality of representation that indigent kids accused of crimes get in Harris County is shameful.
Third ? and I think this ties all the threads together neatly ? Sandoval is appointed to juvenile cases almost exclusively by Harris County Juvenile Court Judge Pat Shelton ? the father of Elizabeth Shelton.
"
http://bennettandbennett.com/b...but-harris-county.html
"
Dec 18th, 2008 by Mark Bennett
From Social Services for Feral Children comes this story, which the Houston Chronicle seems to have flat-out missed.
Follow along here:
Elizabeth Shelton has a car crash. She rear-ends Lance Bennett (no relation AFAIK; I have a cousin Lance who went to LSU, but I don?t think he?s a truck driver). Her boyfriend, Matthew McNeice (the Chronicle renders it McNiece, but the District Clerk?s civil records have McNeice), is killed in the crash. Elizabeth?s SUV is destroyed.
Elizabeth is prosecuted for intoxication manslaughter. She is convicted. That is, a jury finds beyond a reasonable doubt that she caused McNeice?s death by reason of her intoxication.
Almost two years after the accident, Elizabeth sues Lance for the damage he did to her truck (and her manicure ? oh. mah. god.) when she rear-ended him while intoxicated, causing McNeice?s death.
This is the sort of thing that has the tort reformers slavering ? SSFC schools us Texas lawyers on negligence and contrib ? and that?s where the Houston Chronicle?s reportage seems to end.
But SSFC, one of my new blogospheric favorites, didn?t stop there. For some reason he looked up the case in the Harris County District Clerk?s records (hey, I didn?t even know that search page existed!). Here?s what he found:
Mark T. Sandoval, the lawyer for Elizabeth Marie Shelton (the woman who, already convicted of causing Matthew McNeice?s death by reason of her intoxication, is suing the man whose truck she hit) is also the lawyer for Barbara Chapman and Sid McNeice.
Who are Barbara Chapman and Sid McNeice? Representatives of the Estate of Matthew McNeice, the young man who was killed while ?hanging out the window? of the drunk woman?s truck, ?and yelling joyfully?, who is also suing the truck driver. Of course.
You would expect that the family of the man who Elizabeth killed might sue Elizabeth for killing him. It?s a laydown case since Elizabeth has been convicted of killing him.
Maybe that case has already been settled, and all of the accessible assets have been squeezed out of Elizabeth. But you would also expect the lawyer deciding when to stop squeezing not to be concerned about the interests of the squeezee ? a jillion-dollar judgment that will follow Elizabeth around (in case she hits the lottery or makes something of her life) along with the cash from her insurance policy might be better than just the cash.
So it?s strange that Sandoval, who as the lawyer for McNeice?s estate was responsible for suing Shelton, is representing both the estate and Shelton. Not to belabor the point, but he?s representing both the young man killed and the young woman already held legally responsible for snuffing out his life.
Doubly strange, Sandoval, as of April, had ?also represented Shelton?s wife in a lawsuit related to a fatal car crash involving their daughter, who was convicted of intoxicated manslaughter late last year.? In cause number 2007-13580 Sandoval sued Lance Bennett on behalf of Shelton?s mother, Julia Rogers, alleging that on October 23, 2006 Bennett collided not with Shelton but with Rogers in an auto accident)
That?s not generally the way we Texas lawyers roll. We actually know about conflicts of interest, and most of us don?t go around filing blatantly frivolous lawsuits against people.
But there are three things you have to know about Mark Sandoval.
First, he spent the three years from September 26, 1997 to September 26, 2000 suspended from the practice of law for conduct involving dishonesty, fraud, deceit, or misrepresentation, and the period from March 27, 1998 to March 26, 1999 doubly suspended from the practice of law (I couldn?t find an announcement in the Texas Bar Journal explaining why, possibly because he was already suspended at the time).
Believe it or not, it?s not easy for a Texas lawyer to get himself suspended; Sandoval had already been publicly reprimanded twice, on February 22, 1995 (for charging an illegal or unconscionable fee, and for failing to protect a client?s interests on termination of representation) and on May 9, 1996 (for a laundry list of disciplinary violations).
Second, he takes appointments in Harris County juvenile cases. The appointed juvenile defense bar is not representative (to put it gently) of the Texas bar, the Harris County bar, or the Harris County defense bar as a whole. To put it less gently, the quality of representation that indigent kids accused of crimes get in Harris County is shameful.
Third ? and I think this ties all the threads together neatly ? Sandoval is appointed to juvenile cases almost exclusively by Harris County Juvenile Court Judge Pat Shelton ? the father of Elizabeth Shelton.
"
Amused
Elite Member
- Apr 14, 2001
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If you look deeper, this looks more like a case of the dead boyfriend's family looking for deeper pockets. They sued Elizabeth, and squeezed out what meager assets she had, and now are looking to get more from the truck driver and company. IF Elizabeth wins, her winnings will go to the dead Boyfriend's family.
Either way, it's sleazy.
Either way, it's sleazy.
Gunslinger08
Lifer
- Nov 18, 2001
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Sounds like they can't prove if he swerved or not. Not being insured makes no difference at all.
Yea, I was there for a minute, thinking it might be a gray/grey thing. If she is 21 now, I figured she was underage before, and 3 times the legal limit might have been .003 or something, but she was influenced, and it sounds like her family and lawyer are a confederacy of douches.
- Oct 25, 1999
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Insurance has nothing to do with it, if he swerved it still does not warrant fault, her being so drunk should overshadow it.
Amused
Elite Member
- Apr 14, 2001
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If I am guessing correctly, the logic behind that may be because when you finance a vehicle, the bank owns it and that is why they will reposes it if you cannot prove you have insured it.
Maybe the logic is that the bank is supposedly responsible for making sure the vehicle they legally own is insured?
Dunno. Anyone know?
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