Error affects evidence in Houston drunk driving case that injured and killed a 5-year-old in 2019

HOUSTON, Texas (KTRK) — The family of a 5-year-old killed in a drunk driving accident in 2019 are demanding answers after the man behind the wheel received seven years probation and no jail time. This comes after the suspect’s poisoning allegations were cast aside and he pleaded guilty to aggravated assault and manslaughter for reckless driving.

“The Harris County District Attorney’s Office is not processing evidence. The results of the case reflect the evidence we had to work with at the time. in this case it was suppressed and therefore not allowed in any trial. We believe the results represent a fair resolution to this case,” media officials from the Harris County Attorney’s Office said.

SEE ALSO: The suspected drunk driver could face increased charges in a crash that seriously injured a 5-year-old

“These were tubes that were in the lot identified by BD in its 2019 recall notice,” said Peter Stout, the CEO of the Houston Forensic Science Center.

According to Stout, Becton Dickinson, BD, is the manufacturer that sells vials across the country for drawing blood in restricted driving cases. BD ended up recalling several vials after they had already been shipped and distributed to law enforcement agencies across the country. The BD company shipped a batch of more than 250,000 vials. According to Stout, they were recalled because at least 1,500 vials shipped by the manufacturing company in early 2019 failed to put the preservative in the vials, which keeps blood alcohol levels from changing over time.

“It’s the kind of case it’s what you fear. That type of scenario was very frustrating when we received this recall notice,” Stout said.

SEE ALSO: Allegedly drunk driver left injured 5-year-old woman at time of crash: court docs

The mother of 5-year-old Giselle, who died from her injuries in the T-bone crash allegedly caused by Israel Lugo, said it was devastating to know the manufacturer’s mistake prevented her from seeking justice in her daughter’s case to get what she wanted.

“I’m just very heartbroken. There is no justice for Giselle and not even the state could help me. They knew he was drunk,” said Mayra Medina, Giselle’s mother. “We’re just a number now, they just swept us under the rug.”

ABC13 has contacted the tube manufacturer about this, we haven’t heard back yet.

For updates on this story, follow Daniela Hurtado on Facebook, Twitter and Instagram.

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https://abc13.com/houston-crime-2019-drunk-driving-case-5-year-old-killed-in-crash-giselle-luviano/12029561/ Error affects evidence in Houston drunk driving case that injured and killed a 5-year-old in 2019

Dais Johnston

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