in that there had never been any assertion that Moya's action was intentional, and that the children had walked into the roadway.
Because there is not a video playback system in the jury room, the jurors were brought back in the courtroom to watch the video. they had reached a verdict.
Wednesday morning 276th District Judge Robert Rolston instructed the jury that they could not consider in their deliberations the fact that Moya exercised his right not to testify.
He said after the appeal was disposed of, he planned to move forward on the manslaughter charge in the death of Kameron Jones. He also noted Moya can also be tried to two counts of Failure to Stop and Render Aid.
Judge Rolston asked the foreman of the four man eight woman jury, Scott Westmoreland, if the jury's verdict unanimous. He said it was, and Rolston read it. Rolston noted that he would confer with Bailey and Cobb to prepare the charge to the jury on the sentencing phase right after lunch.
Bailey's rejoinder was that "it's not fair to blame it on the children" and it's was Moya's decision to do what he did that resulted in their deaths. "That was the root of his recklessness," he said, urging the jury to send him to the penitentiary, "that's the place for him at this point."
In his summation, Bailey told the jury "the facts are simple enough" and Puma Red Shoes Men
After the jury delivered its sentence, Cobb said he would be filing an appeal and also request bail Thursday morning for his client while appealing the sentence.
Cobb noted there were mitigating circumstances, Puma Pink Sneakers
Moya was charged with manslaughter in the death of 13 year old Jocelyn Roberts who was struck and killed while standing in the turn lane of South Jefferson Street the night of Saturday, May 7, 2011.
Bailey added that in his own statement Moya admitted he had drunk six beers that night and he left the scene even though he said he knew he had struck something.
They also asked to see the video again that was made at the Valero station right after the accident when Moya pulled in, got out of his vehicle and looked over the damage to the front of his car.
Moya guilty of manslaughter
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year old Kameron Jones, Roberts's nephew, also died in the accident.
that Moya, on that evening, by disregarding stopped traffic, swerving around the cars, driving up the turn lane "like it was his own personal driveway", was reckless and responsible for the deaths of the two children.
Titus County District Attorney Charles "Chuck" Bailey presented the state's case all day Tuesday, and Moya's defense attorney, Mac Cobb, rested without calling any other witnesses or Moya to testify.
When court resumed, Cobb called one witness, Jennifer Moya, 17, the sister of the accused, who testified he had never been convicted on any felony.
After deliberating most of the afternoon, the jury completed the sentencing phase of the trial by giving Moya ten years in prison half the maximum sentence and did not approve probation.
In his summation, Cobb conceded "it was a very tragic accident" but there had been many people and many cars on Jefferson that night, and there were no traffic controls where people were crossing the road and no police directing traffic. to see a copy of Moya's statement he had given at the police department and the photograph of his car that was taken when he was arrested.
In his summation, Bailey said the jury should consider the fact Moya fled the scene of the accident in assessing its punishment and the severity of his actions in causing the loss of life.
The jury deliberated all morning and returned just before mid day with the verdict. They had also been instructed they could also consider a lesser charge of criminally negligent homicide, but came back with the second degree felony, with the additional finding that Moya's vehicle in the hit and run accident was considered a deadly weapon.
Bailey said after court adjourned that Moya shouldn't be eligible for bail because of the Puma Drift Cat 5 length of his sentence.
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