Judge Ellis Declares Juarez ‘Not Guilty’ of Murder, Guilty of Manslaughter with Deadly Weapon

Written by Amanda Coers – The second day of the Samuel Juarez Jr. trial regarding the DWI related death of 8 year old Daylan Franklin ended with Judge Steve Ellis handing down a conviction for Manslaughter, rather than the prosecution-sought charge of Murder. 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. A witness also testified Juarez was looking at his phone when the child was struck. 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.

District Attorney Michael Murray approached the case under the guidelines of the Felony Murder Rule, which states when an offender kills (regardless of intent to kill) in the commission of a Felony crime, they can be charged with murder. The DA’s office had returned two counts against Juarez, angling for the Felony Murder. Count one alleged that Juarez had killed Daylan while committing his third DWI offense, which would be a Felony. Count two alleged Juarez had committed Aggravated Injury to a Child, also a Felony offense, and in the process of injuring the child, had in fact killed him, leading to Felony Murder.

Defense attorney Lynn Ingalsby argued that the second DWI offense on Samuel Juarez Jr.’s record was void as Juarez had not served the minimum sentence required by law for a second DWI conviction. Instead, Juarez had only served 10 days in the Brown County Jail. A second DWI conviction normally carries a sentence of 30 days to one year in jail. Ingalsby also argued that the Aggravated Injury to a Child leading to death was not in fact Murder, but instead Manslaughter.

A timeline of Juarez’s criminal history is as follows:

• On December 12, 2001: Juarez was arrested for DWI. Juarez was convicted on February 6, 2002 and sentenced to 1 year probation.

• On March 30, 2002: while still under probation, Juarez was arrested for DWI, as shown on the official warning document from the magistrate. It is unclear why the charge was later prosecuted as DUI, under the age of 21. No answer has been given as to why Juarez was not charged in violation of probation. Juarez was granted a pretrial diversion for the DUI charge.

• On May 17, 2003: Juarez was arrested for Public Intoxication, just months after completing probation from his first DWI offense.

• On October 4, 2003: Juarez was arrested for Fleeing the Scene of an Accident.

• On January 9, 2006: Juarez was arrested for DWI, 2nd Offense. This charge was dismissed on October 16, 2006. In the motion to dismiss, Assistant County Attorney Ryan Locker cited the arresting officer was unavailable to be called as a witness at trial and the videotape of the arrest was lost. Because the DWI, 2nd Offense, case was dismissed, Juarez was instead charged only with an Open Container citation. Under the counsel of his defense attorney, Juarez entered into a pretrial diversion agreement.

• On June 12, 2011: Juarez was arrested for DWI – which would have been his third offense, but because the previous charge was dismissed, it is listed as a second offense. Juarez was convicted of DWI, 2nd Offense, and spent 10 days in jail, and his license was suspended for one year. As a third DWI offense, that charge would have been a felony, likely resulting in prison sentencing.

• On February 16, 2012: Juarez was arrested for Driving While License Invalid, as his license had been suspended for a year due to the second DWI conviction.

• On December 17, 2016: Juarez was arrested for Intoxicated Manslaughter after he allegedly struck 8 year old Daylan Franklin as he was playing outside his home with his younger brother. 

After an hour recess, Judge Ellis returned to rule favorably for the defense, agreeing there was insufficient evidence for a Murder conviction, but did rule that Juarez was Guilty of Manslaughter, as well as the Use of a Deadly Weapon, referring to the white Crown Victoria which Juarez was driving when he struck the 8 year old child.

In a grave tone, Judge Ellis addressed the defendant, saying, “A horrible death occurred, one that will have a lasting impact.”

Witnesses leading up to the judge’s decision included Dr. Scott Morris and Dr. Dan Locker, both of whom treated Daylan Franklin in the Brownwood Regional Medical Center Emergency Room after he had been struck by an intoxicated Juarez driving along the street outside the boy’s home.

Dr. Morris told the court Daylan had suffered from a fractured femur, bruising to his head and torso, and his heart had ruptured from blunt force trauma to his chest. Medical teams worked for almost an hour to save the child, but were unsuccessful. Dr. Locker included his findings that severe brain damage had also attribute to the child’s death.

A forensic scientist with the Texas Department of Safety, Bridget McGinty, testified to Juarez’s blood alcohol content being three and a half times over the legal limit for driving, indicating an extreme state of intoxication.

Also with the DPS, Trooper Clint Houndshell, a crash reconstruction expert was on hand to offer a detailed explanation of the mapping of the scene where Daylan was killed. Houndshell’s findings concluded Juarez was traveling over 30 miles per hour on the residential street. The skid marks left on the roadway from the sudden stop of the vehicle showed Juarez applied the brakes after hitting Daylan. The child reportedly flew 10 feet in the air and was thrown 60 feet from the impact. The shoes were knocked off the boy’s feet. There was no evidence to support Juarez had swerved to avoid hitting the child.

Also on the stand to testify was the mother of Samuel Juarez Jr., Rose Sanchez. As his mother testified, Juarez avoided eye contact with her. Sanchez claimed her son’s car had been damaged during a previous incident unrelated to the death of Daylan Franklin. She also refused to admit her son was an alcoholic when questioned by the prosecution.

The sentencing phase of the Juarez trial will begin on Thursday, October 19th, at 9 a.m.