SAN JACINTO COUNTY, TX (KTRE) – A Trinity man will be re-sentenced Friday for his role in the drunk-driving death of a Lufkin teenager, according to Bill Burnett, San Jacinto County district attorney.
A visiting judge in San Jacinto County originally sentenced Justin Sutton to deferred adjudication for killing Eduardo Medellin, Jr., 14, in a horrific drunk-driving accident two years ago.
Burnett said he was stunned Judge Chap B. Cain, a visiting judge out of Liberty County, sentenced Sutton to ten years of deferred adjudication for intoxicated manslaughter, a punishment Burnett said is actually illegal. "Under the law in Texas you cannot place someone on deferred adjudication probation for intoxication manslaughter," he said.
Burnett said he hopes Sutton is re-sentenced Friday to 20 years for the death of Eduardo.
The judge also sentenced Sutton to four concurrent sentences of ten years in jail for intoxicated assault. "However the judge advised him from the bench that he would be eligible after he served 160 days to file a motion for shock probation," said Burnett.
Burnett said he will not be challenging the intoxicated assault sentences.
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