Verdict: Nacogdoches jury finds man guilty of DWI with children in the car
April 6, 2011 at 3:52 PM CDT - Updated June 23 at 6:44 PM
(KTRE) – It took a Nacogdoches jury about an hour Wednesday to return a guilty verdict against Jose Mercedez Ramirez for driving while intoxicated with his two young children in the car.
The case now goes to Judge Ed Klein, 420th State District Court, for punishment.
According to testimony from Deputy Constable Marble, he was on patrol on January 1, 2010 when he observed Ramirez run a stop sign. The deputy constable said he stopped him near Nacogdoches County Road 6101 and County Road 609 and determined "the smell of alcohol was on his breath." He said he called DPS Trooper John Riggins to conduct a field sobriety test.
Trooper Riggins testified when he arrived he conducted the Horizontal Gaze Test, which he said Ramirez failed. He said he did not perform the Walk and Turn Test or the Standing on One Leg Test because Ramirez said he had a leg injury.
Ramirez was transported to the Nacogdoches County Jail where a Breathalyzer Test was conducted. "The smell of alcohol was coming out of his breath pretty bad and nearly knocked me down," Trooper Riggins said.
Ramirez's wife was contacted from the scene to take custody of their two young children, and to transport the suspect's vehicle back to their home. "I'm not going to let this guy get back in this car with these kids and kill them," Trooper Riggins testified.
Ramirez will remain out of jail on bond, pending a pre-sentencing investigation. He's due back in court in June.