PORT ARTHUR, Texas — A Pearland man has been indicted for intoxication manslaughter over a crash that killed a 24-year-old in Port Arthur October 2022.
Irving Canela, 24, was driving along Highway 73 when Daniel Clayton Rawley, 61, of Pearland allegedly collided head-on with him while driving the wrong way, according to Texas Department of Public Safety investigators.
(EDITOR'S NOTE: The video above is from a December 5, 2022 newscast.)
On October 29, 2022 a DPS trooper arrived at the scene and noticed a grey Jeep Gladiator facing eastbound in the middle of both westbound lanes, according to a probable cause affidavit.
The trooper then noticed a red Toyota Corolla facing eastbound in the inside shoulder of the westbound lane.
Canela was pronounced dead on the scene by Justice of the Peace Justin Chesson before the trooper arrived.
The DPS Trooper claims Rawley was not speaking, but was making verbal noises and his eyes appeared to be red, glossy and bloodshot, according to the affidavit.
During the trooper's investigation, it was determined that the Jeep Gladiator was driving eastbound in the inside westbound lane of SH-73 and the red Toyota Corolla was driving westbound in the inside westbound lane.
When both vehicles reached the top of the overpass of SH-73 and SH-124, the Jeep Gladiator collided with the Toyota Corolla in the inside lane of SH-73 westbound, according to the affidavit.
The trooper says they found multiple closed beer cans were discovered in the passenger compartment of the Jeep Gladiator, behind the front seat.
A bottle of vodka was found on the shoulder of SH-73, near the crash site, according to the affidavit.
Chesson told the trooper he could smell the odor of alcohol coming from Rawley's body and the trooper could smell alcohol inside the vehicle.
Another DPS Trooper went to St. Elizabeth Hospital in Beaumont to get a specimen of Rawley's blood, but Rawley refused to provide it, according to the affidavit.
While nurses were prepping Rawley and checking him, a black Ruger pistol fell out of his pants. Hospital security and the trooper secured the firearm.
Another DPS Trooper obtained a blood warrant and Rawley's blood was drawn.
His blood was taken to a crime lab in Houston for an expedited analysis.
A blood sample revealed Rawley's blood alcohol content was at .244 the night of the fatal crash, which is three times the legal limit..
The black Ruger pistol was later determined to be lost/stolen as of June of 2014.
Canela's family filed a civil suit December 2022 on behalf of their loved one.
The Canela family is still at loss for words. They know they can't bring their loved one back, but they plan to fight for justice.
Lidia Diaz is still struggling to find words to describe her pain after losing her only son.
"Why, why Irving? He was a good guy, he had a lot ahead of him, he had a lot to do, why my son? He was 24 years old," Diaz said.
The Canela family remembers two versions of Irving. There was happy Irving, smiling ear to ear and determined Irving, the one who was always working out at the gym and pushing himself.
"He cared a lot about people, especially his friends, family, he was always worried if anything was going on with us, he put everyone else before him," said Irving Canela's sister, Evelyn Canela sister
The Canela's hired Javier Cabanillas with Ferguson Law Firm to represent them in a civil suit.
"I have hundreds of cases in my docket and this may be the most important one," Cabanillas said.
This case is especially difficult for Cabanillas because he coached Irving Canela's soccer team and watched him grow up.
"He was the go-getter of the team. He's the one that after the game was over rounded up the equipment with us. Irving was very much the bright one," he said.
The family is suing for $1 million in damages, but more than just the money, the want answers.
"Right now we don't know where this individual was coming. We don't know where he was going. Where was a gentleman with .244 blood alcohol content at before the wreck?" Cabanillas said.