Defense attorney claims Paniagua innocent in fatal accident
Defense alleges during Tuesday's opening statements that deceased Needville ISD Chief Ernest Mendoza 'was speeding and crossed the center line' to cause the crash that took his own life; testimony continues today and could last over one week
By BARRY HALVORSON bhalvorson@journal-spectator.com

Opening statements by both the prosecution and defense were short and to the point as testimony in the felony murder trial of Guillermo Paniagua Paniagua started in district court Tuesday morning.

Speaking for the defense, El Campo Attorney Richard Manske reminded the jury of 10 women and two men, along with one alternate, that the state has the burden of proof for all elements of the charge and offered a brief glimpse at one of the defense arguments.

"This was a tragic event for both families," Manske said. "But just because the defendant had been drinking, it does not mean he was the cause of the accident. We will show that the deceased (Needville ISD Police Chief Ernest Mendoza) was speeding and crossed the center line."

He added the defendant fled the scene on foot because he was in a panic because he is a resident alien and was concerned about how the incident might impact that status.

Assistant District Attorney Gordon Dudley was up first and presented the prosecution's opening statement. He stated the opening was intended to be a "road map" to the prosecution's case.

"This is not going to be Map Quest directions," Dudley said. "It's going to be more local directions like drive to the water tower and then turn where the restaurant used to be. There will be a little bit of science, but it is going to be mostly straightforward."

He said Paniagua had made a series of bad choices in his life, including drunk driving convictions from 2001 and 2002. And, he was admittedly drinking the night his vehicle collided with that of Mendoza.

"He has admitted to drinking at least seven beers and we'll show you that it was more than that," Dudley said. "And then instead of staying at his parent's home he decided to drive to Guy, Texas to visit his girlfriend. It was a fatal choice for Ernie Mendoza."

He said the evidence in the case would show Mendoza was driving in his own lane of traffic and that once the jury had heard all of the evidence, it would achieve a common sense decision.

"And now we're going to ask you to make two more choices," he concluded. "To follow your oath and find him guilty of murder and then decide to put him away so he cannot hurt anyone else."

Paniagua listened to both opening statements through a set of head phones as an interpreter translated what was being said by the judge and attorneys to the jury.

Following the opening statements, Visiting Judge Daniel Sklar, the former 329th District Court judge, which includes Wharton and Matagorda counties, invoked the rule requiring anyone scheduled to provide testimony in the case be barred from the courtroom during other testimony. Among those exempted from the rule was Mendoza's family.

Following that decision, Department of Public Safety Sergeant Danny Terronez was the first witness called to the stand.

A Wharton resident, Paniagua, 30, is charged with one count of felony murder to which he offered a plea of not guilty Tuesday morning.

According to the indictment, the fatal wreck took place on Jan. 19. The DPS report of the wreck states the collision took place 3.2 miles east of Wharton on FM 1301 near where it intersects with CR 113 at around 9 p.m.

The report said Mendoza was traveling west in a 2000 Ford Crown Victoria

police cruiser while Paniagua was headed east driving a 2001 Ford F-150 pickup. Paniagua's pickup reportedly crossed the centerline of the roadway and the two vehicles impacted right headlight to right headlight.

Paniagua left the scene on foot and was later taken into custody at the Shell Station in Boling, about five miles from the crash site.

Records show Mendoza died at the scene with Wharton County Justice of the Peace Precinct 3 Dennis Korenek handling the inquest. The time of death was set at 10:15 p.m.

According to court records, Paniagua has four previous DWI convictions. Two of those offenses took place in Gainesville, Ga., on Sept. 29, 1996 and April 29, 1997 while the other two took place in Wharton County on June 6, 2001 and Feb. 15, 2002. Paniagua received probation sentences for each conviction.