Samuel Juarez Indicted: Murder, Deadly Weapon after fatal DWI hit-and-run

Written by Amanda Coers – The Brown County Grand Jury has returned a murder indictment for Samuel Juarez Jr., alleging use of a deadly weapon, according to 35th District Court records. A trial date has yet to be set, and Juarez remains in the Brown County Jail on bonds totaling $300,000.

Juarez was arrested for Intoxicated Manslaughter on December 12, 2016, after he allegedly struck and killed 8-year-old Daylan Franklin as he was playing outside his home with his younger brother. As first responders worked to save Daylan, Juarez reportedly fled the scene was located several blocks away.

Juarez admitted to consuming a six-pack of beer when questioned by police. Officers noted his eyes were bloodshot and glassy, and a moderate odor of alcohol on his breath.

Juarez failed all sobriety tests.

Juarez has several alcohol related charges on his criminal record, and avoided incarceration through participation in the Brown County Attorney’s pre-trial diversion programs.

• 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 was 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.

Brownwood Police Chief Terry Nichols investigated the allegations of missing evidence. “We had two items of evidence related to that case, a beer can and a videotape,” explained Chief Nichols. Police inventory records show both items were available in evidence storage for prosecuting use until 2012. The evidence from the 2006 case was destroyed in 2012, as part of a policy to dispose of evidence in closed cases. Chief Nichols also explained the arresting officer for the 2006 incident had left the Brownwood Police Department to work for another law enforcement agency, but stayed in constant contact and returned often to testify in his cases.

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 12, 2016: Juarez was arrested for Intoxicated Manslaughter after Juarez allegedly struck 8 year old Daylan Franklin as he was playing outside his home with his younger brother. As first responders worked to save Daylan, Juarez reportedly fled the scene was located several blocks away. Juarez admitted to consuming a six-pack of beer when questioned by police. Officers noted his eyes were bloodshot and glassy, and a moderate odor of alcohol on his breath. Juarez failed all sobriety tests.