SEPTEMBER 26, 2006
JOEL GORDON GOOD BYE PARTY MCSO
WILLIS HOUSE FIRE TEXAS NATIONAL
SEPTEMBER 26, 2007
TRUCK RUNS OFF BRIDGE CRIGHTON AT I-45
SEPTEMBER 26, 2013
JUDGE DENIES WRONG WAY DRIVER NEW TRIAL
Thursday morning Judge Michael Seiler was presented with a Motion for New Trial presented by the appeals attorney for Nicole Baukus, the woman who took two lives and injured another last year in a head-on crash on I-45.
Baukus, who was convicted and given 38 years in prison last month filed the motion on several grounds. Most involved the way her court-appointed attorney Michael McDougal defended her case.
Mr. McDougal met with prosecutors on September 16th and since he was named in the motion legally could discuss his strategy for her defense.
Her appeals attorney’s this morning filed additional documents, delaying the decision of Judge Seiler until he was able to review them. He made his decision in chambers and posted his decision just after noon.
In her motion, she makes several points against her attorney and also claims cruel and unusual punishment.
She also claims that she was denied the ineffective assistance of counsel because her plea of guilty and true to her indictment was involuntary and she was denied an impartial trial.
Mr. McDougal responded that he was appointed in January 2013 to her case and advised her to start going to the Resource Center. Both her and her father that McDougal was not approaching the case in the right way and she was not guilty because she was not driving at the time of the crash. Mr. McDougal never called Peggy Heath who operates the Recovery Center to the stand. He learned Baukus had gone to several sessions and then quit going which would not be beneficial to her defense.
She also said the voir dire of the jury panel was flawed. Mr. McDougal stated that after talking with the juror’s several thought rehabilitation was more important than punishment.
Baukus claimed she was drugged by some type of “date rape” drug which the doctor had not found in her system. Diazepam was found in her system but was ingested 20 to 24 hours before her blood was taken approximately 5 hours after the crash.
In her affidavit, Baukus refers to persons of interest. However, those persons did not give Baukus any drinks prior to midnight which was less than 5 hours from when her blood was drawn. McDougal decided to wait until the State’s toxicologist testified. When he testified that the Diazepam had been in her system at least 20 to 24 hours which agreed with the other doctor’s findings McDougal penned a note to Baukus, were dead” is what it read.
That is when on day 4 McDougal met with Baukus and her family about how the diazepam had gotten in her system, nobody had an explanation. McDougal then suggested changing her plea to “guilty” as it would possibly have a more beneficial effect on the jury than continuing with a defense that was certainly not plausible and would cause the jury to view Ms. Baukus in a harsher light.
McDougal said, “we thoroughly discussed this change of strategy and everyone, Ms Baukus and her family, were aware of the punishment possibilities that Baukus faced.”
He also advised Baukus to plead true to the finding of the deadly weapon, the vehicle, due to the massive amount of evidence the State had produced. He felt a plea of true to the deadly weapon allegation was the appropriate plea to make to be in conformity with the plea of guilty. McDougal felt this would be appropriate to lessen the punishment the jury would give Baukus.
As Prosecutor Warren Diepraam pointed out, the judge admonished Baukus and asked if she understood the ramifications of her plea after explaining them to her.
McDougal said Baukus was reluctant to testify but he put her on the stand. He felt her reasons were not validity based. Baukus told McDougal she didn’t’ want to testify because she did not want those spectators in the courtroom, including her mother and father, to see the nude pictures of her which were displayed in her phone records which the State had introduced as evidence. He felt such evidence was minimal in comparison to the effect Baukus’ testimony would have in swaying the jury to the less severe punishment.
As it turned out, everyone involved, including Baukus was satisfied that her testifying was beneficial to her case.
David Porras, the lone survivor in the vehicle Baukus hit was also in court this morning. After the judge viewed the motion and announced her would make his decision at the noon hour,
Steve Ziara, the future brother-in-law to David Porras presented a statement for the family.
This morning we attended a hearing on a motion for new trial where we learned that Nicole Baukus is seeking an appeal and a new trial after pleading guilty to Intoxication Manslaughter in the deaths of Nicole Adams and Travis Saunders and Intoxication Assault in injuring David Porras. Ms. Baukus made the decision to drive after 21 drinks and now
that she is changing her mind on accepting responsibility we feel that it is necessary to speak up and address Ms. Baukus and her decision to proceed with an appeal.
We realize that it must be difficult for Ms. Baukus to think about spending time behind bars, but we want her to know that an appeal of her conviction will cause us to relive the stress and uncertainty that we have felt on a daily basis over the past 15 months since our nightmare began. We respect Ms. Baukus’ right to a fair trial and due process but
her actions can only be perceived as a refusal to face the consequences of her decisions.
Upon completion of the trial, we had anticipated and hoped for the healing process to begin. Our faith tells us that forgiveness is a part of that process, and while it may be difficult to imagine right now, we believe that given the chance, forgiveness can occur. However, the
The possibility of another trial will force all those affected by Nicole’s decision to drink and drive to re-live the horrific details of the accident that changed our lives forever.
We respect the laws and judicial system of the State of Texas, and we will not oppose or protest due process, which is a right of all citizens of this great state and our great nation. Nor will we suggest punishments in excess of those clearly outlined in the Texas Penal Code. We have faith that justice will eventually prevail, but in the meantime, we are left
with no choice but to ask that Nicole Baukus take responsibility for the pain and suffering she has caused and abandon her plans to move forward with an appeal.
We would like to invite anyone that wishes to honor Nicole Adams and Travis Saunders memory or show support for our family to attend the Walk like MADD event at North Shore Park in The Woodlands on October 5th at 8 am.
Fred Saunders, father of Travis Saunders who was killed in the crash was also in the courtroom this morning. He said the first trial was the most emotionally draining thing that has happened since the accident. He said it was just like going through it all over again. He said, “now she is filing an appeal and everyone is throwing their hands in the air again.” He did say there is due process in this country and you do have a right to an appeal. But he believes morally he does not have a right to an appeal. Especially after what has happened and the evidence she had seen. In addition to the pain, she saw in every family member and friend that were affected by the case.
He said her claim to cruel and unusual punishment is nothing compared to what happened to the victim’s children. Doing this in a head-on accident while you were driving while under the influence. He said, “if she was in a third world country she would experience cruel and unusual punishment.”
He said the healing process has turned from despair to anger. Saunders said he feels everyone in the family wants her to accept her punishment and the fact that she didn’t get the maximum and to go ahead and try her own healing. “She needs to get some forgiveness from the Almighty and she needs to seek out forgiveness from these families.”
Just after noon Judge Seiler’s Court Clerk posted Judge Seiler’s ruling. It read, “Motion Denied”.
As Fred Saunders stood reading the judges decision he said, “that’s pretty awesome, that’s very awesome. I’m going to FaceBook this thing and let everyone know the judge did the right thing.”
According to Warren Diepraam, Judge Seiler did have the option to not act at all on the motion and after 75 days, as per law, it would automatically be got to the Ninth Court of Appeals in Beaumont. As it stands now it will now be forwarded to the Ninth Court of Appeals.
SEPTEMBER 26, 2013
TEEN SENTENCED FOR INTOXICATION MANSLAUGHTER
Thursday, 19-year-old David Wiggins, pleaded guilty to the offenses of Intoxication Manslaughter (2nd-degree felony) and Intoxication Assault (3rd-degree felony) in the 359th District Court of Montgomery County. Wiggins will serve three years in prison, followed by 10 years of intense community supervision.
In the early morning hours of December 23, 2012, Wiggins and his 17-year-old passengers, Benjamin Brown and Sean Fontenot, left a party at a residence on Keenan Cut-Off Road in west Montgomery County. The trio headed west on Keenan Cut-off at a high rate of speed en route to another party. As they entered a curve in the roadway, Wiggins lost control of the vehicle and went off the road, striking a steel power pole on the south side of the roadway. Brown, who was sitting the front passenger seat, was killed on impact with the pole. Fontenot, the backseat passenger, suffered serious injuries and was transported to Conroe Regional and later released. Wiggins was also transported for his injuries.
The Texas Department of Public Safety investigated the crash and determined that Wiggins had been drinking alcohol prior to driving his vehicle. Wiggins consented to a blood sample and his blood-alcohol level was found to be a .146, almost twice the legal limit of .08. Wiggins was subsequently charged with Intoxication Manslaughter and Intoxication Assault, both felonies, for his actions.
As part of the agreement, once Wiggins completes his prison term and begins the 10 years of community supervision, he will pay thousands in fines, court costs, and supervisory fees, undergo strict drug and alcohol treatment, complete community service hours. He will also have a two-year driver’s license suspension, maintain an ignition interlock on any vehicle he drives, and pay thousands of dollars in restitution to the victims’ families. In addition, twice each year, Wiggins will speak to students at local high schools on the dangers of driving while intoxicated and how his poor decisions led to the death of one of his best friends, Ben Brown. Wiggins also made a donation to the Ben brown Scholarship Fund. If Wiggins fails to comply with any of the terms of his community supervision, he faces up to 10 years of additional prison time.
Prosecutor Tyler Dunman said, “There are no winners in this case, the Brown family still mourns the loss of their son, and David Wiggins is headed to prison as a 19-year-old kid. Nonetheless, this case exemplifies the absolute dangers of drinking and driving, especially among young, inexperienced, drivers. Our office hopes that parents of young drivers will use this tragic case as an opportunity to discuss the dangers of drinking and driving with their children.”
The family of both victims played a big part in the outcome of this case. They are forgiving of D.J. Wiggins and realize he was only 18 at the time of the crash. They wanted him to have a second chance at being able to tell his story to others about the dangers of drinking and driving.
Wiggins also provided a statement in open court taking responsibility for the crash and apologizing for his actions.
Some of the alcohol was provided by a parent of a juvenile while at the party. She was identified as 50-year-old Diane Kinsey, of the 19200 block of Keenan Cutoff. Wiggins was then allowed to leave the party, just before the crash.
Dunman said there is a greater responsibility of parents in the community in making sure these types of things don’t happen. They shouldn’t be providing alcohol to minors, period, and if they were to do such a thing- which is illegal- heaven forbid, they allow them to get in their vehicles and drive away.
Furnishing alcohol to a minor is a Class A Misdemeanor punishable by up to one year in jail and up to a $4,000 fine.
SEPTEMBER 26, 2014
MONTGOMERY FOOTBALL CROWNING 1
Montgomery — Hundreds of motorists sat parked on SH 105 Friday night for over an hour due to a possible intoxicated driver in a pickup rear-ended a Jaguar at the intersection of SH 105 and Walden Road. Many don’t realize this intersection lies within the city of Conroe jurisdiction. With heavy traffic, Conroe Police had to make their way to the scene before working the crash. Wreckers were then called to respond from the Conroe. The scene was finally cleared and traffic was once again to flow. However many of those sitting in traffic was now also mixed with the motorists going to the Montgomery High School Homecoming. That included the 18-wheeler loaded with the band equipment. As traffic crept along the game started on schedule at 7:30 pm. With three minutes remaining in the first quarter, Westfield was finally relieved as their equipment truck turned into the stadium. With halftime coming up fast the students rushed to unpack equipment and prepare to take the field at halftime. Being that it was homecoming night for Montgomery they had some extra time to prepare.
Halftime began with the crowning of the homecoming king and queen. Each of the four runners up of both the king and queen was introduced. It was then that Colton Webb, a student with Down Syndrome who is loved by many and is also the manager for the football team and one of the runners up was announced as Homecoming King. The crowd roared in applause and the smile across Colton face was priceless.
After several photos, Colton said he needed to help the guys get ready for the second half and was assisted in removing his crown to head to the locker room.
Colton’s mother Shelly Webb said it was amazing at this school to see the students so accepting and love and take care of him every day, to allow him to participate in football and make him feel special. As a mother, she said it is wonderful to see your child that happy.
Colton’s dad said it was a special thing, “he loves the football, the school, all the kids up here, it is just great”. He said you didn’t see this longtime ago so it is really special now.
Montgomery fell to Westfield with a score of 20 to 6.
SEPTEMBER 26, 2015
SPEEDING CAR CRASHES AND JUMPS BAYOU
Just after 3:30am Saturday a driver was northbound on Almeda Road at an very high rate of speed. As he approached the intersection of South McGregor near the Texas Medical Center he lost control, went sideways hitting a utility pole. The pole was sheared off at the base with power lines falling. His vehicle continued over the curb, and struck a steel grille protecting a water line over the bayou. His vehicle then slid across the pipe before launching more than 150 feet across the bayou. The car came to rest just above the water level and wedged into a concrete culvert flowing into the bayou. The driver was able to crawl out of the vehicle but as EMS evaluated him discovered some possible internal injuries. Houston firefighters rigged a rescue basket and line and were able to pull him up the steep incline, He was transported to Ben Taub Hospital in serious condition.
A heavy duty wrecker was called in to winch the vehicle out of the bayou.
SEPTEMBER 26, 2015
HPD PURSUIT CRASH OF ROBBER ELLA AT 34TH
Just after 530 Saturday morning, a report of a robbery at gunpoint was made by a person at an apartment complex in the 6400 block of Antoine. Houston Police responded and as they arrived were told the suspect was still in the complex burglarizing a vehicle. As police approached the suspect fled in his white 2005 Ford pickup. They went north on Antoine through Inwood Forest to Breen the eat to West Montgomery. He then traveled south on West Montgomery to West Gulf Bank. This is the same corner that houses Houston Police North Shepherd station. They then traveled west on Gulf Bank to Alabonson, south to Little York, and west to Hollister. At Hollister, they traveled south to US 290 where the driver entered the freeway and headed toward Houston. He exited at Antoine and went north to Pinemont then west to T.C. Jester. and south on T.C. Jester. As he approached the railroad tracks officers were able to deploy spikes, blowing out several tires. The driver got to 34th and went east to Ella. It was at Ella that he t-boned a female in her 2006 orange Nissan. The driver of the truck was trapped as the vehicle caught fire. Houston Police using fire extinguishers were able to extinguish the fire and get him out. The truck also struck and destroyed the traffic control box and landed on top of a fire hydrant without breaking it off. The female was transported to the hospital in stable condition, the truck driver was transported with an injured back. The 26-mile chase lasted 25 minutes/
SEPTEMBER 26, 2015
WILCREST APARTMENT FIRE
Burning palm tree catches townhouse on fire
SEPTEMBER 26, 2015
OLD SPANISH TRAIL HOMICIDE-HOUSTON
HOUSTON — A man was shot and killed last night in a night club parking lot in southeast Houston last night.
Homicide investigators were on the scene this morning at the Turning Point night club on Old Spanish Trail and Allegheny.
Houston police say an argument broke out between two groups of men and they exchanged gunfire. One man was shot and killed. Another person was transported to the hospital. Another person was shot in the arm at the scene, but refused medical care, police say.
This isn’t the first deadly shooting at this bar. Early last year a man was killed after two men opened fire at club goers outside of the club.
SEPTEMBER 26, 2015
TWO CRITICAL AFTER BENNETTE ESTATES MOTORCYCLE CRASH
About 8:30 pm Saturday night Caney Creek Fire Department responded to a motorcycle crash on Calhoun Road in the Bennette Estates Subdivision off FM 1314. They arrived to find a motorcycle had left the road in a curve and traveled into a pasture. Both the male and female were in critical condition with head injuries. Both were transported to Conroe Regional Medical Center.
While the crash was working residents both coming into the subdivision or leaving were forced to sit in traffic. This included several 18-wheelers from the sandpit behind the subdivision. Caney Creek unit that responded was from the Lone Star Station, The Bennette Estates Station was blocked by the traffic and was on the opposite side of the crash scene.
For several years residents have voiced their opinions on the dangers of just one entrance and exit. Complaints also include the 18-wheelers and dump trucks running 24 hours a day through the neighborhood. Had there been a house fire or medical emergency in Bennette Estates, emergency equipment would not have been able to respond. Several times in the past a truckload of sand has rolled over in the curve or at one of the intersections. This closed the subdivision off to residents for hours.
SEPTEMBER 26, 2016
FRAZIER AUTO VS PEDESTRIAN FATAL
Just after 9pm a 55-year-old woman was walking on the shoulder of the road in the 4500 block of North Frazier when she was struck and killed by a northbound driver. Frazier was closed until just after 1am as Conroe Police investigated the crash along with the Montgomery County District Attorney’s Office Vehicular Crimes Unit. Officials are awaiting results of blood work to determine if the driver was impaired. Neither have been identified yet.
SEPTEMBER 26, 2020
SH 105 TRIPLE FATAL CRASH-CLEVELAND
At 8:36 pm a black pickup was traveling west on SH 105 about 2 miles east of FM 2518 in Cleveland when the driver attempted to pass an 18-wheeler. As the pickup entered the eastbound lane it struck another Chevrolet pickup head-on. The driver a Hispanic male aged 33, from Houston, and the left rear seat passenger in the westbound pickup died at the scene. The right rear passenger, a 33-year-old Hispanic male was Lifeflighted in critical condition to Memorial Hermann in Houston. The 15-year-old front-seat passenger was transported by ground ambulance as a precaution. DPS said the juvenile did not even suffer a scratch. The driver of the Eastbound pickup, a 56-year-old male from Saratoga, Texas was pronounced deceased on the scene. The 57-year-old female right seat passenger was flown by Lifeflight in critical condition to Memorial Hermann Hospital in Houston. Smith Wrecker and J+J Wreckers cleared the scene. HAZMAT International responded to the scene with a sweeper due to the heavy debris field on the roadway and hundreds of nails and screws. SH 105 reopened close to 2 am,
SEPTEMBER 26, 2020
TAYLOR ORGANIZATION CAR SHOW
This is the third year the Taylor Organization has hosted a parade and car show in EMC during the EMC Fair event. Commissioner James Mett’s served as this year’s Grand Marshal for the parade and car show. Many wondered if the event would even be held along with the EMC Fair and livestock sale. Last year it was canceled due to Imelda and this year Covid-19 was thought to end up canceling it but it went on with precautions. After the parade that went from Randall Reed Stadium to Bull Sallas Park, a car show was held.
SEPTEMBER 26, 2020
TAYLORS HERO AWARD GIVEN TO HARRIS COUNTY DISPATCHER
In addition to the awards given by the Taylor Organization in Saturday’s East Montgomery County Car Show, Allen Taylor presented a hero award to Harris County Precinct 5 Dispatcher Kristen Wilson. In August the Taylor Group attended the funeral of a Harris County Precinct 5 Deputy. As they left the service and were eastbound on I-10 an intoxicated female ran into Allen Taylor’s motorcycle, dumping him in the middle of I-10 with 6-lanes of traffic flying by. Wilson, who was leaving the memorial saw the wreck and immediately stopped and got traffic stopped so Taylor, who was lying in the middle of the freeway was not hit.
SEPTEMBER 26, 2021
AUTO PED FATAL FM 2878 AT PRINE
At approximately 10:15 pm, MCHD Alarm received notification of a person in the middle of FM 2978, near Prine, that was not awake or breathing and appeared to have been struck by a vehicle. MCHD EMS, Magnolia Fire Department, and Montgomery County Sherriff’s Office responded. Magnolia E182 arrived on location at 10:20 and confirmed an auto-pedestrian crash with a male victim deceased. FM 2978 was closed as DPS completed the investigation. Montgomery County Precinct 5 Justice of the Peace Matt Masden ordered Eickenhorst Funeral Directors to transport the victim to the Montgomery County Forensic Center for autopsy. According to DPS, a Chevrolet pickup was southbound on FM 2978 just south of Woodlands Parkway when it struck the male who was walking outside the construction area. According to DPS, the driver showed no signs of impairment. FM 2978 reopened just after midnight.
SEPTEMBER 26, 2022
MONTGOMERY COUNTY OFFICER INVOLVED SHOOTING
Just after 11 am Montgomery County received a call from a female on Beyette Road in Magnolia that she was shot by her husband. Units responded and encountered a male on the porch of the home with a rifle. He was ordered to drop it and did not. Multiple deputies engaged him and he was shot multiple times. He was transported in critical condition to Memorial Hospital in the Woodlands critical condition with at least six bullet wounds. His wife is in stable condition at another hospital. MCSO Homicide along with the Montgomery County District Attorney’s Office, ATF, and Texas Rangers are investigating.
SEPTEMBER 26, 2022
KINGWOOD 8 YEAR OLD AUTO BICYCLE FATAL
At about 4:15 pm Monday an 8-year-old was riding his bicycle north on the sidewalk on Gallant Knight in Kingwood. When he reached the intersection of South Kings Mill he crossed to the east. A female driver in a black Hyundai was westbound on South Kings Mill and turned left to go south on Gallant Knight. She did not see the boy on the bicycle and struck him. Porter Fire and MCHD responded to the scene. The child was critical. He was transported to Kingwood Hospital with CPR in progress. Unfortunately, he was pronounced deceased at Kingwood. DPS is investigating the crash with MCSO assisting with traffic control. The female driver of the vehicle is cooperating with Troopers.
