Written by Amanda Coers – Previously Brownwood News reported Samuel Juarez Jr. had participated in the Brown County DWI Pre-Trial Diversion Program. This report was imprecise. Instead, Juarez’s defense attorney, Dana Smith, encouraged Juarez to present pretrial diversion agreements on two separate occasions to Judge Frank Griffin. Those pretrial diversion agreements were approved by the Brown County Attorney’s office.

Juarez petitioned for a pretrial diversion agreement in 2002 for a DUI-minor charge, which is a Class C offense. In the State of Texas, a minor stopped for drinking and driving may receive a fine up to $500, a 60-day suspension of his driver’s license, 20 to 40 hours of community service, and mandatory alcohol-awareness classes. Juarez was sentenced to a fine of $155 for the DUI-minor charge. Under the counsel of his defense attorney, Dana Smith, Juarez appealed the case to Judge Frank Griffin, and entered into a pretrial diversion agreement, in which he paid $500.

Juarez petitioned for a pretrial diversion agreement in 2006 for an open container ticket, which is a Class C offense. This is the lowest offense in the state of Texas, similar to a speeding ticket. Fines for open container citations are normally less than $200. Under the counsel of his defense attorney, Dana Smith, Juarez instead agreed to pay $500 for the diversion.

The pretrial diversion agreements were uncontested by Brown County Attorney Shane Britton’s office. Britton explained this is a common practice.

“Why would we say no?” asked Britton, when explaining that a defendant would agree to pay $500 to Brown County instead of a ticket fine for a much lower amount.

For clarity, the Brown County DWI Pretrial Diversion Program officially began in 2007, as a stand-alone program, different from previous pretrial diversion programs accepted in Brown County. It is the Brown County DWI Pretrial Diversion Program, operated by Shane Britton’s office, that is currently under investigation, along with mishandling of funds received through the program.

A more accurate description of Juarez’s criminal history is as follows:

• On December 12, 2001: Juarez was arrested for DWI. Juarez was convicted on February 6, 2002 and sentenced to 1 year probation.

• On March 30, 2002: while still under probation, Juarez was arrested for DWI, as shown on the official warning document from the magistrate. It is unclear why the charge was later prosecuted as DUI, under the age of 21. No answer was given as to why Juarez was not charged in violation of probation. Juarez was granted a pretrial diversion for the DUI charge.

• On May 17, 2003: Juarez was arrested for Public Intoxication, just months after completing probation from his first DWI offense.

• On October 4, 2003: Juarez was arrested for Fleeing the Scene of an Accident.

• On January 9, 2006: Juarez was arrested for DWI, 2nd Offense. This charge was dismissed on October 16, 2006. In the motion to dismiss, Assistant County Attorney Ryan Locker cited the arresting officer was unavailable to be called as a witness at trial and the videotape of the arrest was lost.

Brownwood Police Chief Terry Nichols investigated the allegations of missing evidence. “We had two items of evidence related to that case, a beer can and a videotape,” explained Chief Nichols. Police inventory records show both items were available in evidence storage for prosecuting use until 2012. The evidence from the 2006 case was destroyed in 2012, as part of a policy to dispose of evidence in closed cases. Chief Nichols also explained the arresting officer for the 2006 incident had left the Brownwood Police Department to work for another law enforcement agency, but stayed in constant contact and returned often to testify in his cases.

Because the DWI, 2nd Offense, case was dismissed, Juarez was instead charged only with an Open Container citation. Under the counsel of his defense attorney, Juarez entered into a pretrial diversion agreement.

• On June 12, 2011: Juarez was arrested for DWI – which would have been his third offense, but because the previous charge was dismissed, it is listed as a second offense. Juarez was convicted of DWI, 2nd Offense, and spent 10 days in jail, and his license was suspended for one year. As a third DWI offense, that charge would have been a felony, likely resulting in prison sentencing.

• On February 16, 2012: Juarez was arrested for Driving While License Invalid, as his license had been suspended for a year due to the second DWI conviction.

• On December 12, 2016: Juarez was arrested for Intoxicated Manslaughter after Juarez allegedly struck 8 year old Daylan Franklin as he was playing outside his home with his younger brother. As first responders worked to save Daylan, Juarez reportedly fled the scene was located several blocks away. Juarez admitted to consuming a six-pack of beer when questioned by police. Officers noted his eyes were bloodshot and glassy, and a moderate odor of alcohol on his breath. Juarez failed all sobriety tests.

Currently Samuel Juarez Jr. is being held in the Brown County Jail in lieu of bonds totaling $300,000.

Funeral Services for Daylan Franklin, age 8, will be held at 2 p.m. on Thursday, December 22, 2016, at New Beginnings Church with Aniceto Villarreal officiating, interment will follow at Greenleaf Cemetery.

His parents are left mourning the loss of their son, just days before Christmas. The community is left questioning why this tragedy could not have been prevented.

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