BEAUMONT, Texas — A Texas appeals court has upheld the conviction of a Beaumont man who was found guilty of intoxication manslaughter for a wreck that killed a Beaumont Police Officer and injured her partner in 2020.
Luis Torres was found guilty in July 2022 of intoxication manslaughter for the wreck, which killed Beaumont Police Officer Sheena Yarbrough-Powell and severely injured officer Gabriel Fells on August 9, 2020 on Cardinal Drive.
The appeals court issued its ruling on Wednesday, October 11, 2023.
In his appeal Torres' attorney asked the appeals court to reverse his conviction and acquit him or call for a new trial saying that the trial court erred by not allowing testimony of an expert witness who would have testified that Yarbrough-Powell may have survived the wreck had she been wearing a seatbelt.
They also asked the court to reverse his conviction claiming the state did not prove that when the wreck happened both Yarbrough-Powell and her partner were "in the actual discharge of an official duty."
In the appeal they suggested that the officers were off duty because their shift had ended or they were on a "detour" outside their duties.
The appeals court denied his appeal saying the trial court did not abuse it's discretion in not allowing the defense's expert witness.
The court also denied Torres assertion that his charge should not have been enhanced "for causing the death of a police officer while that officer was 'in the actual discharge of an official duty.'"
The court found that the two officers were still on officially on duty when they driving back to the station to turn in their patrol unit and go home even thought their shift had ended.
Torres' conviction was upheld and he will continue to serve his 20-year sentence.
He was 18 years old when the deadly crash took place. According to a probable cause affidavit, his blood alcohol content was more than three times the legal limit.
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During his 2022 trial, Torres admitted he was blackout drunk when the wreck took place.
Defense Attorney Tom Burbank asked the jury to consider Torres' history, lack of a criminal record and the fact that he was a good student taking college courses. Burbank asked the jury to consider probation.
Prosecutors said justice had not been served yet and that the jury is getting the last word for Officer Yarbrough-Powell. Prosecutors told the jury Torres had a "narcissistic lack of sincerity" during his testimony.
"I have no sympathy for him,” Assistant District Attorney Waylon Thompson said 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.