Athens Review, Athens, Texas

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November 16, 2009

Intoxication manslaughter

Shawn William Upchurch sentenced to 15 years, victim’s family speaks out

By Robby Robertson Staff Writer

With emotions riding high and a near-capacity courtroom, 173rd District Judge Dan Moore sentenced Shawn William Upchurch to 15 years in prison for intoxication manslaughter on Nov. 10, 2008.

Upchurch was found guilty on Oct. 2 of striking and killing Horton R. Bunch of Brownsboro on Farm-To-Market Road 3204 while Upchurch was intoxicated more than three times the legal limit.

“We were asking for 20 years which is the maximum he could get, but I’m pleased with 15,” District Attorney Scott McKee. “I don’t think you can really put an amount of time on someone’s life.”

According to facts brought out during trial, Bunch’s truck had stalled and he pulled over to the side of the road. He was standing just outside the door when Upchurch struck him, then attempted to drive away before his car died about 700 yards up the road.

When DPS Troopers arrived, Upchurch was slurring his words, and could not pass a sobriety test. He was taken to ETMC-Athens where his blood-alcohol lever was .28.

During the sentencing phase Friday, the prosecution called Bunch’s three daughters and wife Sandra to the stand. The family members talked about how the loss of their father and husband has affected them a year later.

“My daddy did everything for me,” daughter Lara Bunch said. “I’m a single mom, and he took care of everything. We live on the same place, and he was always there to help me. Now we don’t have him anymore.”

Kara Gotham, of Flower Mound, recalled that she had one of her sons home from school sick when she received the call from her mother that her father had been killed.

“My son was sitting right next to me when my mother called,” she said. “I was in shock. I just couldn’t understand how someone could get behind the wheel, and drink and drive. This man took our father, and we can’t get him back.”

Each daughter told how they felt like 20 years was not enough time when you take someone’s life.

“This was our “honey,” daughter Mara Gay said. “I want him to get the maximum time allowed. We can’t get him back.”

Sandra Bunch said she has forgiven Upchurch, but felt like he needed to serve however long it takes for him to get his life together.

“There are so many things I could tell you about Horton,” she said. “He was my best friend. We would have been married 45 years this year, and I am having a very hard time with him not being here.”

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