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Going with the Gabriele Nestande-Marchbanks defense (Houston Hit & Run)


TexasEd
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Posted (edited)

How did we miss this? (From February 19, 2022)

https://abc13.com/hit-and-run-houston-fatal-car-accidents-man-by-pedestrian/11581089/

Quote

HOUSTON, Texas (KTRK) -- Houston police are looking into a deadly hit-and-run in southeast Houston, authorities say.

When police arrived at the scene, they found a dead man with apparent trauma around 1 a.m. on Saturday at Mykawa near Almeda Genoa.

An hour later, police got a call from a driver saying he thought he hit a deer and left the scene.

Police later identified the driver as Daniel Martinez. Martinez was charged with failure to stop and render aid involving death.

He was arrested on a $10,000 bond, according to court records.

In a twist of irony(?) if you search Daniel Martinez the first result is a professional cyclist from Colombia.

So was this guy also drunk on starfuckers and heard about our Austin case, decided to follow Gabby Nestande's precedent and drive the rest of the way home and pretend he thought it was a rock or deer?  I'm guessing he's not a young blonde with political connections.  We'll see how that works out. 

History Lesson: Gabrielle Nestande (now Gabrielle Marchbanks) was tried for intoxication manslaughter of Courtney Griffen as a result of a hit and run in Tarrytown in May of 2011. This was only 4 years after her father, Bruce Nestande, pleaded guilty to misdemeanor DUI and hit and run charges.  Gabrielle was sentenced to 10 years supervised probation, 180 days in county jail and 6 months ankle monitor and breath interlock device which seemed like a very light sentence based on the amount of drinking prosecutors showed she did that night so there may be something to this deer defense.

From this lawyer's site: https://joelagordon.com/bicyclist-killed-in-hit-and-run-on-mykawa-road-in-houston-daniel-martinez-arrested/

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Houston, Texas (February 22, 2022) – A bicyclist was killed early Saturday morning in a hit-and-run accident in Houston, according to the police.

The deadly accident happened around 12:25 a.m., February 19, in the 10900 block of Mykawa Road.  Police said a 56-year-old man was riding his bicycle northbound when he was rear-ended by a black Jeep Patriot. The Jeep dragged the bicyclist for a short distance before knocking him to the ground.

The Jeep driver, Daniel Martinez, 22, fled the scene after the accident. The bicyclist was pronounced dead at the scene. His name has not been released. 

Martinez later called 911 and stated that he believed he struck a deer or a person in the area of the crash. HPD Hit and Run Unit officers met with Martinez at his residence, and he was taken into custody. He has been charged with failure to stop and render aid accident involving death.

The police are conducting the investigation.

Very similar circumstances: Late weekend night/early morning, most of the drivers have probably been drinking, hit and dragged the victim, did not stop.  I hope the police collected evidence of any possible intoxication.

Anyone else heard about this event?

Edited by TexasEd
corrections
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8 minutes ago, DaggerHorns said:

Gabrielle Nestande’s accident was in Tarrytown not on Far West.

It was never thought to be a deer. She said it was a rock.

Your history lesson sucks!

lol, I've had a few starfuckers in the last decade

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Posted (edited)
34 minutes ago, Nice Guy Eddie said:

I wouldn't ride a bike on a road at 12:25am. You have the same right to be on the road as a vehicle you're sharing the road with drunks and people that may not be able to see you.

Yeah, but it is possible that the bicycle guy was also drunk.  It could also be that he was a dishwasher at the local Applebee's and just got off his shift and was trying to get home by his only means of transportation.

Back when I was in college I had to walk down a dark 2 lane road between my house and the local grocery store going to work to stock frozen foods.  I jumped in the ditch more than once.

Edited by TexasEd
  • Hook 'Em 1
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On 6/23/2022 at 3:04 PM, Nice Guy Eddie said:

I wouldn't ride a bike on a road at 12:25am. You have the same right to be on the road as a vehicle you're sharing the road with drunks and people that may not be able to see you.

I used to do some late night recreational riding when attending school. It was the most tolerable hours for climate in Austin, and virtually empty roads.  Had full lights though. 

In this case probably the rider had no choice. 

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Well he called 911 a hour later, if intoxication was the cause i am guessing there would still be enough in his system. 

True, but intox manslaughter is not simply a DWI that results in a death. That was kinda the entire point of the Nestande defense.
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