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Three times legal limit

March 29,2005

Travis M. Whitehead

The Monitor

 

DONNA — A man who plowed his truck into a minivan full of children Saturday night had more than three times the legal blood alcohol level, police said.

 

Juan Jose Garza, 29, of Weslaco, had a blood alcohol level of .268 when the Ford pickup truck he was driving hit the minivan at about 7:30 p.m. at Hutto Road and Expressway 83, said Donna Police Chief Ram DeLeon. The legal limit is .08.

 

The collision resulted in the deaths of four children: Stephanie Ann Pacheco, 9; Rudy Garcia, 8; Hector Manuel Garcia, 6; and Angel Jesus Garcia, 1.

 

Their parents, Rodolfo Garcia, 29, and Anna Pacheco, 28, survived the crash. Garza, a self-employed construction worker with a wife and daughter, survived with minor injuries to his arm and leg, DeLeon said.

 

Garza was formally charged Sunday with four counts of intoxication manslaughter and three counts of intoxication assault by Municipal Court Judge Javier Garza. Bonds were set at a total of $300,000.

 

Intoxication manslaughter is a second-degree felony, which carries a penalty of two to 20 years in prison and a $10,000 fine. DeLeon said Garza has no prior arrests.

 

"He refused to give a Breathalyzer, so we took a blood sample," DeLeon said before the blood alcohol results were released. "I believe he was intoxicated from his demeanor, from the clues my officers detected, and the beer bottles."

 

There was some misinformation Sunday that an uncle of the children, Odilon Garcia, had also died in the accident. DeLeon said Monday afternoon that the uncle, in fact, survived the crash.

 

Garza had been drinking at a friend’s house in Palmview before the accident, DeLeon said. He said Garza does not appear to have been having any problems at home that would cause him to drink excessively.

 

"He has a wonderful life, he’d spent the whole day working hard," he said. "He was tired and wanted to go drink with a friend."

 

DeLeon said it’s difficult to estimate how much beer a person of Garza’s size would have to drink reach such a high blood-alcohol level. DeLeon said Garza probably had six to eight beers in his system at the time of the accident, but that doesn’t mean he hadn’t drunk more earlier.

 

"He drank on an empty stomach," he said. "He doesn’t remember how he got to Donna. He didn’t believe he hit anybody until we showed him the pictures."

 

DeLeon said that, based on his experiences conducting numerous interviews over the years, he believes Garza has no recollection of the accident. He believes Garza had passed out by the time of the accident.

 

"He hardly has any damage to himself," he said. "Someone who is aware, and conscious, is going to stiffen up and have all kinds of injuries."

 

Pacheco said that, when the air ambulance helicopter arrived at the scene of the accident, it took only Garza and left the young victims. However, DeLeon said there was no reason it would take Garza, as he suffered only an injured arm and leg.

 

He said that, in fact, the helicopter didn’t take anyone. The children’s hearts were stopping, and paramedics chose to continue performing cardio-pulmonary resuscitation until the ambulances arrived. The three young survivors were taken to Knapp Medical Center only a few minutes away in Weslaco.

 

The baby and 6-year-old Hector Garcia died that same night at Knapp. Rudy Garcia was flown to Driscoll Children’s Hospital in Corpus Christi where he died the following day, Easter Sunday.

 

The mother said she was also dismayed that some authorities at the scene were asking if the children were U.S. citizens and asking for their social security numbers. She couldn’t recall the identities of the authorities. The children were U.S. citizens.

 

An aunt of the children, Elizabeth Cruz, said she was the first to arrive at Knapp Medical Center and found that no one was tending to the three children.

 

"The kids were alone," Cruz said. "Nobody was with them. There was no nurse."

 

When the mother arrived, a doctor told her that Hector and the baby had died and they were going to disconnect Rudy from life support.

 

"No!" the mother said. "You have to do more."

 

Doctors at the emergency room relented, she said, and sent the child to the Corpus Christi hospital where he died 12 hours later.

 

Judy Wilson, Knapp Medical Center spokeswoman, said that, during the week, one doctor is on staff in the emergency room.

 

"Because this was a weekend, we had two physicians in the ER," she said. "There were two medical doctors in the emergency room when the victims came in."

 

DeLeon said that Pacheco told him the children were wearing their seatbelts at the time of the accident. He said that even if investigators found that the children were not buckled in, he doubted any charges would be filed.

 

"That would just be adding salt to their wound," he said.

 

Anyone wishing to help the family with expenses can make a donation at Alamo Bank of Texas in the name of Rodolfo Garcia, Account No. 9006842. For more information about this special account, call (956) 781-2471.

 

Ana Verley, victims advocate for the Rio Grande Valley chapter of Mothers Against Drunk Driving, has applied to the Texas Attorney General’s office for financial assistance from a special fund for the family.

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the saying is friends don't let friends drive drunk. And i firmly believe in this. If one of your buddies has had to much just find someone who isn't drinking and ask them to drive the drunk home. At parties we do this stuff all the time down here in school.

 

Drunk Driving accidents don't need to occur.

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QUOTE(LosMediasBlancas @ Mar 29, 2005 -> 02:53 PM)
yeah, something tells me that reading is incorrect.

 

 

 

I thought that .2 rendors someone nearly comotose...? The legal limit is .08 in Illinois IIRC.

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QUOTE(TheBigHurt35 @ Mar 29, 2005 -> 04:13 PM)
IIRC, most people go into a coma at .3.  I used to own a breathalyzer back in grad school and have been measured at 0.21.

 

 

I know it depends on the person's size.. I'm sure I'm near alcohol poisoning near a .1. But a .2 seems like an awful lot.. can't believe no one stopped him.

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QUOTE(winodj @ Mar 29, 2005 -> 04:16 PM)
My mom once blew a .38 and that was before her BAC level crested. If you've been pickling yourself in booze for years, you develop an amazing tolerance.

 

BTW, .35 for a diabetic is fatal. .4 is for most people.

 

 

Wow... I had no idea.

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I found this.. :huh:

 

http://www.dui.com/bac_levels.html

 

Effects

.04 Speech impairment

 

.04 commerical impairment levels

 

.05 legal presumption starts

 

.08 legal definition of under the influence

 

.10 accident curve rises to 6X's more likely

 

.14 20x's more likely to have accident

 

.16 35x's

 

.20 stumbling

 

.30 vomiting, passing out

 

.40 coma

 

.50 comma, Death

 

.60 Death

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There was a companion piece in the paper that interviewed the mom. OMG, it is the most heartbreaking thing I have ever read. She lost 4 of her children. I know someone who was close to this and the driver really had no idea what happened until later. His remorse was severe and genuine, but I am certain not enough for the parents.

 

Ana Verley the local MADD head is a friend of mine, her son is one of my Scouts, and she sees so much of this. I am amazed she can be so nice and upbeat.

 

There is a picture of the van with her babies Easter dress laying on the back seat. :crying

 

Today is my daughter's 14th birthday, she's presiding over thye National Juniior Honor Society inductions at her school. As I see her getting ready, I think what a single careless, or worse, driver could do to my life.

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Alcohol is so dangerous, its a shame that things like this happen.

 

I haven't had any since I got drunk over christmas break. my girlfriend walked into the kitchen at the house we were at just in time to stop me from drinking a bottle of robitusson I had in my hands.

 

God knows what would have happened if she wasn't there to pull it away from me.

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QUOTE(Steff @ Mar 29, 2005 -> 04:17 PM)
I know it depends on the person's size.. I'm sure I'm near alcohol poisoning near a .1. But a .2 seems like an awful lot.. can't believe no one stopped him.

At my drivers safety training (lowered my insurance) the instructor cop guy said that the record for my county was a .58--and was blown by a woman who was around 120 lbs.

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QUOTE(1549 @ Mar 29, 2005 -> 05:07 PM)
Alcohol is so dangerous, its a shame that things like this happen.

 

I haven't had any since I got drunk over christmas break. my girlfriend walked into the kitchen at the house we were at just in time to stop me from drinking a bottle of robitusson I had in my hands. 

 

God knows what would have happened if she wasn't there to pull it away from me.

 

Robitusson? I've tried to play with fire while drunk but chugging medicine? Did you have a cold?

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QUOTE(Steff @ Mar 29, 2005 -> 10:22 PM)
I found this.. :huh:

 

http://www.dui.com/bac_levels.html

 

Effects

.04  Speech impairment

 

.04  commerical impairment levels

 

.05  legal presumption starts

 

.08  legal definition of under the influence

 

.10  accident curve rises to 6X's more likely

 

.14  20x's more likely to have accident

 

.16  35x's

 

.20  stumbling

 

.30  vomiting, passing out

 

.40  coma

 

.50  comma, Death

 

.60  Death

 

 

It would be interesting to see how many drinks an average man and woman have to consume to reach each of those readings. I remember a news team broke down exactly how much you'd have to drink to be legally drunk in Ill.and it was a LOT. I think they've lowered the standard since.

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There is a delay between when you consume the drink and it "hits your system". What seems to have happened in this case is he drank a six pack in less than an hour, on an empty stomache. All those hit at the same time.

 

IIRC the human body processes about a shot of liquor per hour. In theory, for most humans, drinking one drink per hour would not get you drunk.

 

One drink and inning, when Burhle is pitching, will have you drunk by the bottom of the fourth.

 

I am certain some of you remember the fun days in the late 70s when Illinois' drinking age was 21 and Wisconsin was 18. Long drives to the border were common and I am certain scary for parents. It's the same here, only the kids are heading to Mexico. Up until a car load of teenagers were killed, Customs and the Border Patrol were not allowed to detain anyone for drunk driving. These kids came through, slurring that they were all US citizens returning from Mexico and were dead 15 minutes later. The laws were then changed.

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How much/little can I drink

 

* The numbers reflect the BAC for a 160 lbs. lean man, per

 

8pm -9pm - 2 drinks =3.8/175=.0217 = .0434

 

9pm -11pm - 2 drinks =.0434 + .0434 - .03 =.0568

 

11pm -1am - 3 drinks =.0651 + .0568 - .03 = .0919

 

Elimination

 

10 percent excreted by breath, sweat, and urine

90 Metabolism

Calculating Blood Alcohol Content

 

1. Divide 3.8 by your body weight (3.8/body weight)

 

2. the quotient is equivalent to one drink

 

3. calculate your alcohol quotient

 

see blood alcohol chart

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QUOTE(1549 @ Mar 29, 2005 -> 06:07 PM)
Alcohol is so dangerous, its a shame that things like this happen.

 

I haven't had any since I got drunk over christmas break. my girlfriend walked into the kitchen at the house we were at just in time to stop me from drinking a bottle of robitusson I had in my hands. 

 

God knows what would have happened if she wasn't there to pull it away from me.

 

You probably would have just puked it right back up all over the floor.

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QUOTE(Steff @ Mar 30, 2005 -> 01:12 PM)
How much/little can I drink

 

* The numbers reflect the BAC for a 160 lbs. lean man, per

 

8pm -9pm - 2 drinks =3.8/175=.0217 = .0434

 

9pm -11pm - 2 drinks =.0434 + .0434 - .03 =.0568

 

11pm -1am - 3 drinks =.0651 + .0568 - .03 = .0919

 

Elimination

 

10 percent excreted by breath, sweat, and urine

90 Metabolism

Calculating Blood Alcohol Content

 

1. Divide 3.8 by your body weight (3.8/body weight)

 

2. the quotient is equivalent to one drink

 

3. calculate your alcohol quotient

 

see blood alcohol chart

 

 

In the words of Beavis and Butthead: "Uh hu uh huh huh ..... Math".

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QUOTE(mreye @ Mar 30, 2005 -> 09:30 AM)
These kids weren't in carseats / seatbelts? :headshake

 

Not that they deserve this, but let this be a lesson to all parents!

 

They talked about getting thrown from their seatblets in one of the articles, but that might have just been the baby in a child seat.

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