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May 19, 2009

Miramontes to serve four years in prison

Navy recruiter pled guilty to two counts of manslaughter in March, sentence handed down Monday by Judge Dan Moore

By Art Lawler Staff Writer

One minute Jose Miramontes, a 31 year-old Navy recruiter from Kemp, was traveling through the countryside on Farm-to-Market 317 near Leagueville.

The next minute his body was wrapped in the twisted metal of his own vehicle — all the way up to his chin.

Emergency workers carefully extracted him from the highway carnage that night and took him to the hospital.

It was Feb. 13, 2008.

On Monday of this week, 173rd District Court Judge, Dan Moore sent to Miramontes to prison for four years after he pled guilty to two counts of manslaughter.

He could have received up to 20 years in the Texas Department of Criminal Justice after pleading guilty.

At the time of the incident, he was traveling at a speed of 103 miles-per hour, an air-bag test later revealed. At that speed, Miramontes pulled out to pass another vehicle in a no-passing lane near a rise in the highway — just in time to hit a family coming the opposite direction.

The collision knocked the family’s vehicle more than 100 yards away.

Inside was Shane Morgan, pastor of Hilltop Baptist Church in Berryville; his 12-year-old daughter, Kalee Elizabeth Morgan; his wife, Lisa, a Brownsboro school teacher, and the couple’s four-year-old daughter, Emily.

Kalee Morgan died instantly that day. Her father, after being extracted from the vehicle, was taken to East Texas Medical Center Athens, where he died a short time later.

Mrs. Morgan, was seriously injured, as was her other daughter, Emily. Both survived their injuries.

Attorneys made their cases during the punishment phase Monday.

Heath Hide, of Sulphur Springs served as Miramontes’ defense attorney, and Assistant District Attorney Lenda Burnett led the prosecution from the Henderson County District Attorney’s Office.

She asked the judge to send a message to the community that this kind of driving can have tragic consequences for everyone involved.

Hide was philosophical in assessing his client’s sentence.

“It was just a terrible case all the way around. It was tragic that a child lost her life. An apparently good man and father lost his, and more tragic than even a normal criminal case,” he said. “Miramontes has led a perfect life and had an exemplary career in the Navy. But it was a bad accident that resulted in bad things happening.”

As for his client’s sentence, Hide said, “I can’t say I’m satisfied with it, but under the circumstances, it could have been worse. The judge could have given him two to 20 years, so I’m not about to say anything uncomplimentary about what the judge did.”

A civil case has also been filed against Miramontes by the Morgan family.

That case is pending.

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