Odessan found guilty of driving while intoxicated, sentenced to 30 years

Odessa American, Texas
·2 min read
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Jul. 16—MIDLAND — Midland County District Attorney Laura Nodolf announced that a 49-year-old Odessa man was sentenced on Tuesday to a term of 30 years in prison, after a Midland County jury found him guilty. Jose Maria Molina was charged in case number CR58287 with Driving While Intoxicated 3rd or More. After hearing evidence Monday afternoon and Tuesday morning, the jury found Molina guilty after less than half an hour of deliberating. After the jury returned their swift guilty verdict, the defendant agreed to a plea bargain of 30 years in the Institutional Division of the Texas Department of Criminal Justice just after 11:00 a.m.

According to a Midland County District Attorney's Office news release, the evidence presented in the case showed that on June 19, 2022, the defendant high-centered his vehicle on the train tracks that run parallel to Business 20 along Faudree Road in Midland County after a night of drinking. The vehicle was struck within minutes by a west-bound train and the defendant fled the scene. He later gave conflicting stories to the Odessa Police Department officers who responded.

The defendant's blood alcohol content was 1.5 times the legal limit. The offense of Driving While Intoxicated 3rd or More normally carries a penalty of 2 years to 10 years in prison, but this defendant faced a maximum penalty of 25 years to life, due to his prior felony convictions. The defendant, who took the stand, admitted to having been convicted of, and sent to prison, on two prior felony DWI 3rds, as well as two State-Jail Felony offenses. This was the defendant's fifth DWI conviction and fifth felony conviction, qualifying him as a habitual offender. The defendant must serve at least one quarter of the sentences before the possibility of parole. As part of the plea agreement reached after the jury verdict, the defendant has waived his right to appeal, the release said.

Sargent Ian Kapets and Officer Michael Miller of the Odessa Police Department, Forensic Scientist Theresa Salazar of the Texas DPS Crime Labs, and a conductor with the Union Pacific Railroad all testified in the trial.

The case was prosecuted by Midland County Assistant District Attorney Lauren Gavin. Molina was represented by Midland attorney Brian Cummings. The trial was held in the 238th District Court and presided over by Judge Elizabeth Byer Leonard.

For more information contact Assistant District Attorney Tim Flathers at 688-4427.