LegalNation
A warrant has been issued for Kambiz Michael Duran, a 29-year-old Texas resident who is charged with giving drinks to a woman who was involved in a car crash later than night that killed two teenagers.
The woman, Nicole Baukus, 24, was convicted of two counts of manslaughter and one count of intoxication after she drove her car onto the wrong side of the highway in 2012 and collided with another car. Travis Saunders, 18, and Nicole Adams, 19, were both killed in the crash. David Porras, now 23, was critically injured as well. Security footage of the bar in which Baukus was drinking before the accident shows her consuming 17 shots and 5 beers before getting behind the wheel of her vehicle.
An interesting provision in Texas law has now led to another charge in the case. On August 2, the same day Baukus was sentenced to 38 years in prison, a warrant was issued for Duran, who was allegedly responsible for giving Baukus her last few drinks. According to a section of the Texas Alcohol and Beverage Act, prosecution is allowed of individuals who provide alcohol to intoxicated persons, whether or not they are a server.
“It’s unusual, there’s not many cases across the country. But it’s another weapon in the arsenal against the drunk driver,” explained legal expert Dr. Gerald Treece.
However, a loophole may allow Duran to avoid punishment.
“There has to be an intent requirement,” said Dr. Treece.
Duran is currently being held in Harris County Jail, where is serving a 180 day sentence for marijuana charges. Andrew James, the Montgomery County Assistant District Attorney, says that Duran will not be assigned a court date until his current sentence has been completed.
Sources: ABC News, KHOU
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