ORANGE, Texas — A Hamshire man found guilty Wednesday of intoxication manslaughter in connection with the death of his brother has now decided to allow the judge to set his punishment.
The punishment phase of the intoxication manslaughter trial of Dallas Hemmenway, 41, of Hamshire, was set to take place Thursday, August 24, 2023.
Hemmenway stood trial this week before Judge Steve Parkhurst in Orange County's 260th District Court and was found guilty by a jury on Wednesday in connection with the 2021 wreck that killed his older brother.
He had previously opted for the jury to decide his punishment but, as his sentencing phase was about to begin, Hemmenway decided to opt for the judge to decide his sentence as part of an agreement with prosecutors.
If Judge Parkhurst, who has ordered a pre-sentencing report, accepts the agreement Hemmenway's punishment will be capped at 10 years on probation and up to a $10,000 fine.
If the jury had decided his punishment, Hemmenway would haved from two to 20 years in prison along with the fine.
Once the pre-sentencing report is complete Hemmenway will be sentenced.
Tyra Hemmenway, 41, died in a single vehicle wreck in February 2021 when a Dodge Pickup truck, driven by his brother, Dallas, left the road along West Circle Dr in Vidor and struck several trees according to the Texas Department of Public Safety at the time.
Tyra was pronounced dead at the scene of the wreck.
DPS reported at the time that Dallas Hemmenway was driving the truck and that both he and his brother, Tyra, were ejected from the truck.
The truck was traveling east along West Circle at an "unsafe speed" when it left the roadway onto the right and struck the trees according to the DPS at the time.
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This is a developing story. We will update with more if and when we receive more confirmed information.