In about ten minutes of deliberations, Sherri Lorene Holloway, 31, was convicted of Intoxication Manslaughter today in Judge Lisa Michalk’s court. Holloway was also sentenced by the same jury to twelve years in prison. The case involved abused prescriptions for dangerous drugs and their effects on driving. Because prosecutors Warren Diepraam and Tyler Dunman alleged that Holloway used her motor vehicle as a deadly weapon, Holloway will not be eligible for parole until she serves half of her sentence. Intoxication Manslaughter is a second degree felony. The case arises from the death of Kenneth Buffington on February 24, 2011.
Prosecutors offered testimony at trial that Holloway was driving eastbound on Texas 105 between Cleveland and Cut-and-Shoot around 2 p.m. when her Toyota Sequoia drifted across the center line and struck a white Chevrolet mini- van almost head-on. Buffington, 34, the driver of the van, had to be extricated by the Jaws of Life. Prosecutors showed that he was killed almost instantly due to the force of the crash resulting in massive and lethal internal injuries.
Holloway also had to be extricated from her vehicle She was later transported by Life Flight to Memorial Hermann Hospital in Houston where trauma surgeons saved her life. A DPS trooper, Eric Lopez, went to the hospital and obtained a blood sample from Holloway due to witnesses’ descriptions of her driving prior to the crash. Lopez also was given numerous pills that were found stuffed in a plastic bag hidden somewhere on her. Multiple witnesses driving ahead of and behind Holloway testified in the court that Holloway’s SUV was weaving all over the road before the wreck. One witness said an 18-wheeler and another vehicle had to leave the roadway to avoid Holloway’s vehicle. That witness stated that she heard her husband scream when he saw in his rearview mirror that Holloway’s vehicle had Buffington.
Prosecutors entered evidence from the Sam Houston State University Regional Crime Lab that Holloway took an extremely dangerous combination of prescription drugs including Valium, Soma, and Hydrocodone. Prosecutors also introduced expert drug impairment testimony (DRE) from Officer Paul Lassalle of the Houston Police Department. Lassalle explained how these drugs impair and cause people to weave all over the roadway. The jurors, after a week of testimony, took a little over ten minutes to convict.
During the punishment phase of the trial, prosecutors also introduced evidence of a prior crash involving Holloway. On May 13, 2010, Holloway struck a police vehicle causing injuries to two Tomball officers headed to a National Police Memorial Week ceremony in Conroe. Prosecutors showed that she was under the influence of the same type of drugs during that incident. Jurors deliberated for about an hour before sentencing Holloway to the prison sentence.
Prosecutor Tyler Dunman stated during closing arguments that Holloway was more concerned with popping pills than the safety of those on the road. Dunman further stated that the good work of law enforcement helped to ensure that a just verdict was reached in this case. Diepraam stated that the scary thing about this case is that she was given this deadly pill combination by a doctor and put on the road with no oversight. Lastly, Diepraam stated that the case was very difficult because we had to rely on the driving facts to obtain the conviction as there are no per se levels for these drugs, unlike alcohol and the 0.08 limit. The jury, however, saw through the defense attacks in what appears to be a record pace for this type of case. The case highlights the dangers of drugged driving because, Dunman stated, these offenders typically drive on our roads when we are going to work or coming from school as in this case.
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