Trial begins for case of Upchurch

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September 29, 2009

By Rich Flowers News Editor The Athens Daily Review Tue Sep 29, 2009, 08:41 AM CDT

Trial began Monday in 173rd District Court for a Gun Barrel City man accused of intoxication manslaughter.

Shawn W. Upchurch, 35, was arrested in November, 2008 for causing the death of 74-year-old Horton R. Bunch of rural Brownsboro.

The victim was struck as he stood in the door of his vehicle on County Road 3204 less than a mile from the Brownsboro city limits. A Henderson County Grand Jury indicted Upchurch on the charge in February.

Intoxication manslaughter is a second-degree felony, and carries a sentence of two to 20 years in prison, and a fine of up to $20,000 upon conviction.

The case was originally set for trial Aug. 25, but was postponed by Judge Dan Moore due to pre-trial media coverage. Monday afternoon, Moore reminded the jurors to ignore any media reports concerning the case, and to refrain from discussing it with other members of the panel.

In his opening statement, District Attorney Scott McKee said the fatal accident was “a senseless death, caused by the intoxication of one man.”

McKee’s first witness was Sandra Bunch, who testified that she last saw her husband of 44 years, as he drove away to visit a friend in his white GMC pickup.

Sandra Bunch said her husband bought the truck in 1995, and had been having trouble with it prior his death.

“It would start sputtering and die,” she said.

Precinct 3 Constable Howard Grubbs, the first officer to arrive at the wreck, said he was not aware that Bunch had been hit when he found Upchurch in his red Chrysler Sebring.

Grubbs said Upchurch told him that the pickup had pulled out in front of him.

“His eyes were bloodshot and watery, and he had trouble making words,” Grubbs said.

Grubbs said Upchurch smelled of some alcoholic beverage.

As Grubbs was engaged with Upchurch, a volunteer fireman drove up, and told him he was “needed up the road.”

Grubbs said he walked from his vehicle to the wrecked pickup, and checked on Bunch’s condition.

“He wasn’t with us anymore,” Grubbs said.

McKee also questioned Grubbs concerning photographs of the accident, taken by Texas Department of Public Safety Sgt. Bobbie Shields. During cross-examination, defense Attorney John Underwood asked Grubbs about the inspection and registration stickers on Bunch’s pickup. The photograph showed both to be expired, Grubbs said.

Testimony was scheduled to continue Tuesday.

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