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March 13, 2009

Jury sentences man to 25 years for seventh DWI

Special to the Review

A Henderson County Jury took just under 1 hour to sentence a Brownsboro man to 25 years in the penitentiary for his seventh driving while intoxicated conviction in Judge Mark Calhoon’s 3rd District Court Wednesday night.

Royce Ray Savell, 52, of Brownsboro, pled not guilty to the DWI charge stemming from an April 20, 2008 arrest by Texas Department of Public Safety Trooper Johnnie Massey.

Massey was patrolling an area near Farm-to-Market 314 and County Road 3603 when he observed Savell’s vehicle weaving and traveling at a high rate of speed. Trooper Massey caught up with the vehicle as he turned into Gullett’s trailer park and eventually stopped in front of a trailer Savell claimed was his. Savell had as a passenger his 19 year-old son and claimed he was coming from a party.

During the trial, Massey testified that he believed Savell was extremely intoxicated and that he had refused to take a breath test. Assistant District Attorney Bridget Bateman introduced the video tape of the incident and told the jury during closing arguments that they should not want someone like Savell on the same roads that their children and grandchildren would be traveling.

The jury deliberated for approximately two and a half hours before returning a guilty verdict.

During the sentencing phase of the trial, Bateman was allowed to introduce Savell’s previous DWI convictions, three of which Savell pled were not true. Major Kevin Hanes of the Henderson County Sheriff’s Department testified that he compared Savell’s fingerprints with those from his previous convictions and determined that they were from Savell.

Bateman told the jury that she knew it wasn’t easy to send a man to prison for DWI but they should consider the fact that Savell had been drinking and driving since 1984. She also responded to the defense’s arguments by telling the jury that “they should sleep well knowing that he would not be driving on our roads anymore”.

After the trial, District Attorney Scott McKee acknowledged that Texas leads the nation in alcohol-related deaths.

“I am relieved that this jury took Mr. Savell off our streets,” he said. “Based on the number of DWIs Mr. Savell has racked up over the years, it was obvious to me that it was only a matter of time before he killed someone or himself.”

McKee also said his office has now encouraged and provided the resources to obtain search warrants to draw blood from those who are suspected of a felony level DWI and refuse to submit to a breath test.

“I know the Legislature is working on these issues this session with bills to allow DWI checkpoints as well as making it easier to obtain blood evidence from those suspected of drinking and driving,” McKee said. “However, until and if these get passed we will have to continue to be vigilant and obtain warrants when probable cause exists.”

Texas is one of only eleven states that do not allow checkpoints.

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