DWI driver gets 90 years for murder
Defense preparing for appeal of jury sentence decision
By BARRY HALVORSON news@leader-news.com

After learning her husband, Needville ISD Police Chief Ernest Mendoza, had been killed in a twovehicle wreck, Susie Mendoza said she put her faith in the judicial system.

That faith paid off Monday when a Wharton County jury sentenced the driver of the other vehicle, Guillermo Paniagua Paniagua, 31, of Wharton to 90 years in prison.

"It's a tremendous relief to have the trial over," Mendoza said following Monday's decision by the jury. "I'd like to thank the citizens of Wharton County, especially the jury, for supporting my family and seeing justice done.

"I'm thankful to (District Attorney) Josh Mc- Cown and his staff for being gracious and good and taking care of us during this time."

Paniagua was charged with felony murder in the case. As defined by Texas law, felony murder happens during the commission of a felony offense - in this case a third driving under the influence charge - during which the defendant commits a dangerous act that results in the death of someone else, in this case driving on the wrong side of the road way.

Paniagua was found guilty Friday. During Monday's punishment phase, the jury learned additional information about Paniagua's past, including two previous convictions for driving while intoxicated in Wharton County and two convictions in Georgia.

"We weren't even sure until today that we were going to be able to admit the two Georgia offenses," McCown said. "They didn't appear on the NCIC (National Crime Information Center) Web site when we first ran him through the system. We've spent over spent over a year trying to get the necessary verification."

McCown was complimentary of the jury, both in its handling of the guilt phase of the trial as well as the punishment phase.

"It was pretty obvious (the jury) figured out early the details of the case and that in the course of one felony offense, Paniagua committed an act that resulted in the death of another and met the rules of the offense. I think they were sending a message with the sentence - the people of Wharton County are sick and tired of people drinking, driving and killing someone."

During their deliberations, the jury sent back a question asking the difference between a 99-year sentence and life.

"I felt the jury was looking at a big number (of years) when they asked that question. I didn't think we'd get 90 years, but I'm very pleased with it," McCown said.

"I talked to a couple of jurors, the foreperson and one other, and they commented on the fact they didn't think the defense's accident reconstruction expert carried much weight. He relied too heavy on his computer program. They also added they didn't hold it against Paniagua that he wasn't in this country legally against him."

Before leaving the courtroom, defense attorneys Richard Manske of El Campo and David Kiatta of Houston filed the necessary paperwork to ask for the right to appeal and for the state to provide an attorney to Paniagua to handle the appeal.

"In a case like this, you frequently ask for another attorney to handle the appeal just in case they see something that may have been overlooked or handled wrong in the original trial," Manske said. "I'm confident that we did everything we could, but you don't want to take that chance with a man's life hanging in the balance."

Manske added he felt the charge and sentence were unfair.

"We knew the possible sentencing options went up to 99 years," he said. "But I didn't think this case should be punished the equivalent of murder, which is when someone goes out intentionally to kill someone. It is unfair to compare something done intentionally to an act of carelessness. The range of punishment just doesn't fit."

Manske added he believed that if the trial had been moved to Galveston, a change of venue requested by the defense, the punishment would not have been as severe.

Kiatta was more emphatic in his opinion of the charge and punishment. "I don't think justice was served," he said. "This was a twisting and abuse of the law to charge (Paniagua) with felony murder instead of intoxication manslaughter."

Under the law, Paniagua will be eligible for parole after serving 30 years.

"Any sentence over 60 years, parole is automatically available after 30 years," McCown said. "But that doesn't guarantee it will be granted. In recent years, the state has been harder when it comes to granting paroles."

A Department of Public Safety report of the wreck states the collision took place around 9 p.m. on Jan. 19, 2007 at a location 3.2 miles east of Wharton on FM 1301 near where it intersects with CR 113.

Paniagua's pickup crossed the centerline and impacted with Mendoza's vehicle. Paniagua left the scene on foot and was later taken into custody at the Shell Station in Boling, about five miles from the crash site.