DRIVING + DRINKING IN MONTGOMERY COUNTY=HUNTSVILLE ADDRESS

On December 19, 2009 Montgomery County Deputy Gamble was working an extra job at the Porter What-A-Burger when he was advised of a male asleep in his car at the drive-thru. As Gamble approached him he drove off just to end up in the parking lot asleep again. At this point he was placed in custody. His blood alcohol was .15 almost double the legal limit.  The driver Michael Castor was booked on a fourth DWI. The Montgomery County Grand Jury handed down a True Bill giving him his first felony charge.

Castor had been lucky since 1999. He had been charged with Assault, three DWI’s, possession, unlawful carrying of a weapon. All were misdemeanors except on charge which was a State Jail Felony for which he received Deferred Adjudication. Being discharged  from that he had no felony conviction.

Mr. Castor figured he could get probation again and took it to trial in the 221st District Court Tuesday.

After Assistant District Attorney Tammy Adamo  presented her case it only took the jury fifty minutes to find Castor guilty.  Castor was taken into custody and spent Tuesday night in the Montgomery County Jail waiting Wednesday’s punishment phase.

This time it took the jury a bit longer. Three hours later the handed down a sentence of eight years in the Texas Department  of Criminal Justice.

castor

About The Author

Related posts

6 Comments

  1. azcriminalkeeper

    he was in the vehicle, vehicle running…whatif he had a wreck in taht 1/2 mile home and gotten killed…..maybe you would be writing how the police failed to do their job and stop him and place him in jail !!!.
    Stop your whining..build a bridge and get the f**k over it already. I wonder how many times before this he drove under the influence?? and not gotten stopped or not killed someone.

  2. totheend

    LOOK I UNDERSTAND WHAT MY FATHER DID IS WRONG BUT HE WASN’T JUST DRIVING AROUND UNITL HE PASSED OUT. HE WENT TO WHAT A BURGER AND HE HAS SLEEP APNEA. SO PLEASE DON’T JUDGE ME BECAUSE I AM 24 YEARS OLD AND DO NOT DRINK, BECAUSE I HAVE LEARNED FROM OTHERS MISTAKES IT IS NOT WORTH IT. I DIDN’T WRITE TO MAKE EXCUSES BUT HE IS A NORMAL HUMAN BEIN WITH EVERYDAY PROBLEMS. I DON’T MEAN TO OFFEND OR SHAKE YA’LL THE WRONG WAY BUT EVERYONE GOES THROUGH HELL AND HAS THEIR PROBLEMS AND IT DON’T GIVE ANYONE THE RIGHT TO JUDGE. GOD BLESS YOU ALL AND I BITC* AT PEOPLE EVERY DAY TO NOT DRINK AND DRIVE. BEFORE YA’LL JUDGE AND BAD MOUTH ME, WHY DON’T YOU LOOK AT YOUR SELF. NO ONE IS PERFECT , BUT I CAN SAY I AM NOT A COMPLETE IDIOT TO GO OUT GET DRUNK AND TRY TO DRIVE. I AM A FULL TIME STUDENT FOR NURSING SO I THINK I HAVE MY P’S AND Q’S TOGETHER. I AM A RATHER SWEET KIND HEARTED GIRL AND IS GOING THE RIGHT DIRECTION IN LIFE. LOOK AT THE REST OF THE WORLD ITS JUST AS MESSED UP AS IT CAN GET. UNLIKE THE OTHER DRUNK DRIVERS I JUST DON’T DRINK CAUSE I HAVE A 6 YEAR OLD SON AND IF A DRUNK DRIVER EVER EVER HURT ME OR MY FAMILY OR ANYONE ELSE’S FAMILY MAY GOD HAVE MERCY ON THEIR SOUL. YES MY DAD DID MAKE A BAD DESICION BUT THEN HE TURNED AROUND AND PARKED, HE COULD HAVE DROVE BUT HE DIDN’T. HE WAS A TOTAL OF 2 MILES FROM THE BAR TO HIS HOUSE SO HE COULD HAVE JUST DROVE HOME BUT HE PULLED OVER, JUST LIKE THE STUPID AAA CLASSES THAT DON’T WORK FOR MOST TEACHES YOU. SO I GUESS THEY SHOULD CHANGE AND JUST TELL THEM NOT TO DO IT. SORRY MIND OVER MATTER. JUST WANTED TO LET YA’LL KNOW THAT I AM NOT SAYING MY FATHER DID NOT DO WRONG BECAUSE HE DID BUT ALL I WAS SAYING IS THAT HE IS NOT THAT BAD OF A MAN. TO THE REPORTER GUY I AM SORRY BUT THEIR WAS A GUY SITTING IN THEIR. TO THE OTHER I AM SORRY IF I OFFENDED YOU BUT I HAVE A RIGHT TO MY OPINION JUST LIKE YOU DO…. GOD BLESS YA’LL!!!

    THANK YOU
    KRISTY

  3. rebelbabe1978

    To Kristy- I really do not care what excuse you try to make for your father. He broke the law. If he was going to be responsible then he should have called someone to come and get him instead of driving around until he got tired and passed out in the wrong place. You are lucky that your father did not kill himself or someone else because of his bad decision. There are too many families out there that are not able to see their family members anymore because people like your father chose to drink too much and then get on the roads. How would you explain away his actions if he had killed someone? Maybe all the time he will serve in prison will wake him up so that he does not continue to be a repeat offender. If not then I feel sorry for the family he destroys one day. As for you I would pay attention to the mistakes of your father and learn from them. Quit saying how unfair things are and focus on what you can do to make them better. May God bless all those who have lost loved ones to Intoxicated drivers and those that will be affected in the future by them. Help those that choose to drink too much to make the right decision and call someone or stay where they are.

  4. NikkiBeth

    Im sorry Kristy that all of this has happened to you none of this is your fault and no one should be saying anything about you or your family regardless of the choices your father made. I do have to agree that the court systems in montgomery county are seriously messed up. My mother in law and sister in law jumped me in my own home and they got to choose a jury trial and because of that the jury choose not guilty even with the pictures of the 37 stiches i had to have in my forhead yet my ex has four drug convictions and recently got another charge and he is walking freely on a 100 dollar bond WTF to me that is crazy he should be put in jail for sometime yet we sit here and convict people who dont deserve to be put away for so long…….The police feel useing the snitches is more important than punishing them and all the other druggies instead we just allow the druggies to get away with more and punshish the peolpe that deserve just a slap on the hand!

  5. totheend

    Hello to all My Name is Kristy and the man above is my FATHER Mike. He is a damn good man not like they made him seem to be in court. They bashed not only him but my aunt and family as well. For the past couple of days there was this guy in the court observing my fathers trail and he was maybe in his 50’s and clean cut, grey hair but bald on top and had glasses on. I was wondering why he was sitting in there wathcing the case. So I stopped this guy outside and asked him. Well he told me he was just observing to learn something new and he was retired. Well this man LIED!!! I am sure that that man was this reporter. Well let me tell you what really happen and what they leave out. Yes my dad was asleep in a PUBLIC parking lot. Yes he did drive through the parking lot after he woke up but then put his truck in reverse and parked again at the what-a-burger parking lot. So he made the decision to park his truck and go back to sleep. Well Deputy Gambell called the sheriffs to come out on a wellfare check. When Deputy Curtis arrived on secne he noticed my father asleep in his truck minding his own business. Mind you my father lived less then a 1/2 a mile down 1314 so he could have drove home but he chose not to. Then Deputy Curtis took my father into custody with out reading his rights to him and then charged him with a DWI mind you Depity Curtis nerve seen the veichel moving in motion it was parked when he arrived. So my father should have been charged with PI not a DWI! Makes since right? Well Deputy Curtis took a statement from an eye witness and which was hearsay and but it was from another Deputy, Deputy Gambell. If it was a citizen would they I have taking that statement? No its just hear say! Well my father was sentenced 8 years in prison. Why is it that a man named Jason Barrette could burtley murder a 2 1/2 year old baby girl that could not defend her self. He beat her to death with his fist and belt buckle. Mr. Barrette only recieved 20 years in person and up for parol in 10. Whats wrong with this picture? My father gets 8 years for a DWI, but a murderer only gets 20 years and maybe parol in 10! Really! That shows how messed up MONTGOMERY COUNTY COURT SYSTEMS ARE! What good D A they have right? They plea bargin with a psychopath but someone that is kind hearted and always willing to help others gets the max because they do NOT CARE! To the JURY, D A, COPS, AND THE COUNTY COURT. I am sure that all of ya’ll or most of ya’ll has drinked and drived at somepoint in your lifes. The ONLY DIFFERENCE IS MY FATHER GOT CAUGHT (Sleeping in a parking lot) and ALL OF HAVE NOT AND IF YOU DID IT WAS A SLAP ON THE RIST OR LEAVE WITH PAY. God bless all and I hope all of ya’ll sleep fine knowing ya’ll lie and judge inocent people like the DA did towards my aunt and family. I am 24 years old and I DO NOT DRINK, BUT DEALING WITH YA’LLS DEPARTMENT AND DA WHO WOULDN’T! I DO NOT mean to offend anyone but if you are then you are guilty.

    Thank you,
    Kristy, 24

    1. Scott Engle

      Kristy, the jury is the one who sentenced him. He could have plead guilty without a jury, that was his choice. You say he wasn’t read his rights, Was that addressed in the court? He was in the vehicle intoxicated.
      Second not one person asked who I was and I was not in the courtroom for the trial. Haven’t lost any hair in fact got a haircut on the way to the courthouse. Also I wear glasses. So I do not know who you are referring to as the reporter that lied to you.
      The point is he was in the drivers seat, he was intoxicated, you say he pulled off. What if he had hit someone before he pulled off.
      The jury sent a message, they are tired of drunk drivers in Montgomery County. Your father will parole sooner than the murderer you mention. It was up to 12 people not just the judge or DA. If it had been your dad may have actually had less time. But thats not for me to decide.

      The Texas Court of Criminal Appeals has heard this over and over again.:
      In support of its argument that Allocca was operating the vehicle when Thomas found him sleeping in it, the Department points to a number of cases in which a driver was considered to have operated a vehicle despite being found asleep at the wheel. See Dornbusch v. State, 262 S.W.3d 432, 433, 437-38 (Tex. App.–Fort Worth 2008, no pet.) (holding that operation occurred where driver was found asleep, “hunched over the steering wheel” in parking lot with headlights on and loud music playing and where “there was testimony indicating that the vehicle was not in park and that the only thing keeping the vehicle from moving was the curb”); Stagg v. Texas Dep’t of Pub. Safety, 81 S.W.3d 441, 445 (Tex. App.–Austin 2002, no pet.) (concluding that probable cause existed that driver, found asleep at wheel and blocking lane of traffic, had operated vehicle, noting that “[t]he fact that the car was in the center of the street, not stopped at the curb, is significant”); Milam v. State, 976 S.W.2d 788, 789 (Tex. App.–Houston [1st Dist.] 1998, pet. ref’d) (determining that operation occurred despite driver being found asleep because engine was running, vehicle was in gear, driver’s foot was on brake, and driver put car in reverse upon being awakened); Barton v. State, 882 S.W.2d 456, 460-61 (Tex. App.–Dallas 1994, no pet.) (holding that driver who was asleep at wheel with feet on clutch and brake, engine idling, and car in roadway protruding into intersection, and who then proceeded to engage clutch and change gears upon being awakened by police, operated vehicle). (3) In each of these cases, there was at least one additional factor, other than the driver being asleep with the engine running, that indicated the driver had attempted or intended to drive the vehicle.

      As for me,

Comments are closed.