Juarez Pleads ‘Not Guilty’ to DWI Murder, Witnesses Say He Was Also Texting While Driving

Written by Amanda Coers – Samuel Juarez Jr. appeared in the 35th Judicial District Court on Tuesday, October 17th at 9 a.m. and plead ‘Not Guilty’ to the charge of Murder using a Deadly Weapon as alleged by District Attorney Michael Murray. The bench trial is presided by Judge Steve Ellis as Juarez previously waived his right to a juried proceeding.

 

Juarez is accused of Driving While Intoxicated when he struck and killed 8-year-old Daylan Franklin as the boy was playing outside his home with his younger brother on December 17, 2016. Juarez had previously been convicted twice of Driving While Intoxicated, and has several alcohol related charges on his criminal record. He had avoided incarceration through participation in pre-trial diversion programs.

Though arrested for Intoxicated Manslaughter, District Attorney Michael Murray is prosecuting Juarez under the Felony Murder Rule, which states when an offender kills (regardless of intent to kill) in the commission of a dangerous or Felony crime, they can be charged with murder.

In his opening statements, DA Murray described the scene as a “typical neighborhood street,” where children would play often, traveling from yard to yard. Murray explained most people in the area knew to watch for children, and introduced what would be a key witness, Juan Sanchez, who was traveling on 6th at the time of Daylan Franklin’s death. He had observed Daylan and his younger brother playing with a brightly colored soccer ball. Sanchez also observed Juarez traveling in the opposite direction. Murray also stated, Sanchez said he was concerned that Juarez might not see the boys playing because the defendant was looking at his cell phone while traveling down the street in a white Crown Victoria.

Juarez’s defense attorney countered in his opening statement, alleging there were unsupervised children in the street constantly and the neighborhood was a “very dangerous situation.” The defense went on to state, “The dead boy’s brother still plays in the street. His defense counsel stated Juarez could not see the children as they were hidden by vehicles, and conceded that while he might not have been paying attention, “this accident would have occurred anyway.”

The prosecution called its first witness, Daylan Franklin’s grandmother, Teresa Fell.

She tearfully told the court that Daylan and his younger brother were very close and liked to play together outside often. It was established in court that the two boys were living with their grandmother while their mother finalized their move to Brownwood. She testified that on the day of the incident, many neighborhood children had been playing outside together. Fell stated she was outside, sitting on the front porch watching the children play.

“I remember seeing the car coming down the street, it was coming pretty fast,” Fell told the court. “I saw the ball go into the street and Daylan went out.” She then said that she glanced down, and then heard the car strike her grandson. Fell also testified she heard brakes squealing after she heard the impact.

She told the court the impact had knocked Daylan out of his shoes, which were scattered on the street. As she ran to her grandson, Fell testified Juarez got out of the vehicle. She explained she knew who he was because he had gone to school with her children.

The defense asked Fell if she actually saw the impact, she restated that she did not because she had glanced down at the time. The defense then presented the court with photographs of Fell’s yard and the street in front of her home, which included a large black vehicle parked in front of the house, introducing the idea that the boy could have been hidden from view because of vehicles parked along the roadway.

The next witness called was Juan Sanchez, who had been driving in the opposite direction on the street when Juarez struck Daylan. Sanchez was traveling to Brookeshire’s to get supplies to make tamales at home with his family at the time.

As he passed the boys playing outside, Sanchez told the court he slowed down. He then testified that he saw Juarez approaching from the opposite direction.

“I saw him looking at his phone,” Sanchez said. He explained he looked in his rearview mirror as he passed Juarez, and he saw Daylan struck by the vehicle, flying ten feet into the air and flipping several times. Sanchez immediately called 911.

The defense cross examined, asking Sanchez if he witnessed Juarez applying the brakes to his vehicle. Sanchez testified that he did witness tail lights and the nose of the vehicle dipping.

Next to the witness stand was Fell’s neighbor, David Morris who had arrived at the scene immediately after Daylan was struck. Morris told the court he began performing CPR on Daylan, and that the boy had blood and vomit in his mouth. Morris testified that he did not see Daylan’s chest rising while giving respiratory aid. Once EMS had arrived, Morris then spoke with police. It was at that point he noticed that Juarez had left the scene.

The defense questioned Morris about the neighborhood and whether or not children played in the street often with cars parked on both sides, narrowing the lane of travel.

Called to the stand after Morris was Brownwood Police Sergeant Stephanie Morgan, one of the first officers to arrive on the scene. Sergeant Morgan testified that as she was coordinating police efforts at the scene, the defendant’s step father, Raymundo, arrived, stating he knew who had hit Daylan. Raymundo also told Sergeant Morgan that he had driven Juarez to a pharmacy earlier in the day to retrieve medication. Raymundo explained he had driven Juarez because the defendant was too intoxicated to drive.

Later, Brownwood Police Officer Brandon Johnson testified he located Juarez a few blocks from the scene at his mother’s home. Juarez was attempting to drive away when Officer Johnson initiated a traffic stop. Dashcam video displayed in court showed Juarez pulling over and coming to a stop with the passenger tires up on the curb, near the sidewalk. Officer Johnson testified that Juarez admitted he had consumed six 16-ounce cans of Bud Ice beer. The officer noted the defendant’s eyes at the time of the traffic stop were glassy and bloodshot. Dashcam footage showed the officer administer field sobriety tests, which Juarez failed. The officer then arrested Juarez, placing him in the back of his patrol car.

Video footage from inside the patrol car was also played for the court, and showed Juarez struggling to stay conscious as the officers were speaking to him, with his head slumping forward, appearing to fall asleep.

The defense in cross examination pointed out Juarez in the video can be heard saying the boy “jumped out of nowhere.”

Photographs of the defendant’s vehicle were displayed in court, showing damage to the front grill, bumper, and driver’s side headlight. Photographs of the body of Daylan Franklin were also displayed, showing his injuries. The boy’s family openly wept in court, with his grandmother wailing “sweet baby.”

Detective Robert Lee was called to testify regarding the photographs of the damaged vehicle, as well as a video of an interview with the defendant on the day of the incident.

During the interview with Detective Lee, Juarez stated he left after EMS had arrived.

“I was really freaked out and I felt like I was in the way, so I left,” Juarez said in the video.

After Detective Lee informed Juarez that the boy had died, he said, “I did it. I deserve all that comes to me.”

The prosecution then presented evidence to show Juarez’s blood alcohol content was .276, three times over the legal limit, at the time of the incident.

Cross examination from the defense questioned Detective Lee about the injuries apparent on the child’s right side, and whether or not that meant the boy could have been crossing the street directly behind Sanchez’s truck, darting in front of Juarez’s vehicle. Detective Lee stated he could not be sure that’s what happened.

The court recessed at 5 p.m. to continue at 9 a.m. on Wednesday, October 18th.