Humble Man Charged in New Caney Teen’s Death

An Humble man was charged with Intoxication Manslaughter and Possession of a Controlled Substance after he allegedly struck and killed a 17-year-old New Caney High School sophomore on US 59 near the San Jacinto River around 4:45 a.m. Sunday morning.

Charles Baxter, 32, was believed to be in critical condition when medics transported him by ground ambulance to LBJ Hospital in Houston from the scene of the crash that claimed the life of Jose Damian, a New Caney resident.

(We will post the suspect’s photo as soon as it’s available)


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Original Post:


A New Caney High School sophomore was killed in a Sunday morning accident on US 59 near the San Jacinto River. Jose Damian, who turned 17 on Friday, was headed to a truck show in Houston with his two older brothers and his sister-in-law when they had a flat tire. They were southbound on US 59 near the Sorters Hamblin exit when they pulled off to the side of the road and changed the tire on their Chevy Avalanche.

Around 4:45 a.m., Javier Damian said they were loading tools back into the truck when he looked up and saw a silver Dodge Charger headed straight for the truck.

“My little brother went to put the jack under the seat, where they go,” Javier said. “I was on the other side putting up some tools when I saw the car just come, and just hit him – hit my truck from the back.”

“I just screamed,” he said. “I wasn’t even done screaming when the car hit him. It was just so quick.”

Javier Damian looked at his older brother and his sister-in-law, who were also outside of the vehicle, and they were unharmed. He and his brother then realized they did not see Jose. Their worst fears were soon confirmed. Jose was on the ground beside the truck, beyond help, and was pronounced dead on the scene.

Javier Damian said Sunday was to be his little brother’s first time to attend a truck show, and the teen was so excited, he hadn’t slept the night before. They left early so they wouldn’t have to wait in a long line.

The driver of the Charger was unconscious. He was transported by ground ambulance in critical condition. He did not have any passengers. The Harris County District Attorney’s Office is expected to file Intoxication Manslaughter charges against that driver, but have not released his name as the investigation continues.


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  1. kj2104

    TG, marajuana is not a controlled substance…… I’m no expert on things like this but I would almost put money on it that it was not marijuana that made him cause this accident. Alcohol and prescription drugs was probably the key factor in this uncalled for tragedy.

    1. michelle227

      yes and no…it IS a controlled substance in that it is a prohibited substance and will result in a criminal charge when found on one’s person. HOWEVER, when found, it is an offense unto itself…specifically POM in whatever amount (the weight determines the penalty range). Other Schedule drugs will be charged as various POCS ranges depending on the Penalty Group in which the alleged substance appeared (and again, there will be a reference to the weight, inclusive of adulterants or dilutants).

  2. LOL29

    A sad tragedy! People have no common sense. So many people drinking or doing drugs and driving. What is wrong with you!?!? I hope he lives just so he has to live with what he did….I hope it keeps him up at night and gives him nightmares the rest of his life.

  3. maverick

    DO NOT stop on the freeway to change a flat tire!!!! Never, never, never. Just drive it on the rim until you can find a safe place to change the tire. They were right next to an exit ramp for God’s sake.

    As for the guy that hit them. If convicted, he deserves the toughest punishment available.

  4. TG

    I wonder what the controlled substance was. Marijuana maybe? I can only speculate at this point but there are a lot of phony people using that to get high believing it enhances them and doesn’t hurt anybody. Bottom line is high is high and you are not in control of yourself when high no matter what the high is.

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