Written by Amanda Coers – Samuel Juarez Jr., appeared in the 35th Judicial District Court Thursday to file a motion to waive his right to a jury trial. Juarez is accused of Driving While Intoxicated and hitting an 8 year old boy, killing him.
While it is normally considered in the defendant’s best interest to have their trial decided by a jury, on rare occasions their legal counsel might advise waiving that right. In those cases, the defense may be concerned that a jury could be emotionally distracted by the evidence in particularly disturbing scenarios.
The local community was certainly heartbroken over what was considered a senseless loss of young life.
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. Young Daylan was transported to the Brownwood Regional Medical Center by Lifeguard Ambulance Service in critical condition. Despite resuscitation efforts by hospital medical staff, he was pronounced deceased at 4:11 p.m., a little over an hour after being struck.
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 field sobriety tests administered by officers.
Juarez has several alcohol related charges on his criminal record, and had avoided incarceration through participation in pre-trial diversion programs.
In March 2017, the Brown County Grand Jury returned a murder indictment for Juarez, alleging use of a deadly weapon, according to 35th District Court records.
Samuel Juarez Jr. will go on trial October 17th for murder.
Daylan Franklin was remembered as a loving and helpful young man, with a big heart, according to his family. The boy’s teacher also shared he was well-liked in school. “He was a sweet, sweet boy. Always smiling and happy. He was full of questions, his face so pure, waiting for the answers.”
