Wichita Falls man suspected of DWI indicted on manslaughter charge for woman's death

A Wichita Falls man has been indicted on a manslaughter charge in connection with the death of Diane Hill Luckett after a March 16 crash that police suspect was caused by the other driver's intoxication, according to allegations in court records.

Anastacio Bemol Mendoza was being held Wednesday in the Wichita County Law Enforcement Center on bonds of just over $51,000, according to online jail records.

Police say Mendoza, 37, displayed behavior indicating he was under the influence of narcotics or another illegal substance on the day of the crash, according to allegations in court documents. The behavior ranged from how he drove to inappropriate flirting with a female officer to cycling quickly through emotions.

Mendoza has May 17, 2017, misdemeanor convictions for DWI and reckless driving in a Wichita County incident, court records show. The convictions are in connection with March 2, 2017, incidents in Wichita Falls.

This year, Mendoza was initially arrested March 16 on a charge of intoxication assault with a vehicle, causing serious bodily injury, after the wreck at the intersection of Seymour Highway and Loop 11. The third-degree felony carries a punishment of up to 10 years in prison.

The charge against Mendoza was upgraded to intoxication manslaughter after the 63-year-old Wichita Falls woman died 11:44 a.m. March 25 as a result of her injuries.

Last week, a Wichita County grand jury returned an indictment against Mendoza for manslaughter in connection with Luckett's death, according to court records filed June 7.

The indictment accuses Mendoza of recklessly causing Luckett's death by speeding, running a red light, failing to keep a proper lookout while behind the wheel, failing to yield the right of way and colliding with Luckett's SUV.

In addition, Mendoza's pickup was a deadly weapon, according to the indictment.

It was unclear Wednesday why Mendoza was indicted for manslaughter and not intoxication manslaughter. Both are second-degree felonies punishable by up to 20 years in prison. The Wichita County District Attorney's Office presents cases for indictment before a grand jury.

A Wichita Falls police affidavit for a March 28 arrest warrant for intoxication manslaughter alleges Mendoza was under the influence of narcotics or some other substance at the time of the wreck.

In general, various scenarios might play out in allegations involving a possible DWI driver.

If a driver is treated at a hospital, medical staff members typically draw the patient's blood and test it for treatment purposes. But law enforcement officials must subpoena the test results to obtain them from the hospital.

However, an officer might obtain a sample for testing with a blood warrant signed by a judge. In that process, the defendant is advised of his rights.

Obtaining test results from a Texas Department of Public Safety lab can take several months if there is a backlog. Meanwhile, a suspect could be indicted or charged with another crime, such as manslaughter, if there is probable cause.

If DPS test results show a driver was intoxicated, the person might subsequently be indicted or charged with, for instance, DWI manslaughter. However, test results could instead indicate a driver was not intoxicated.

More: Police say drunk driver suspected in Seymour Highway crash

In any case, Mendoza and Luckett were involved in a major crash about 9:45 a.m. March 16 at Loop 11 and Seymour Highway. The crash left both vehicles with extensive damages. Both drivers were transported to United Regional Health Care System's Emergency Department for serious injuries.

Luckett was driving a gray 2013 Mercedes-Benz GLK 350 east on Seymour Highway and attempting to turn left at Loop 11 while Mendoza drove a black Ford F250 pickup west on Seymour Highway, according to allegations in a police affidavit.

A witness told police he saw the pickup speed through the intersection, running a red light because it was going too fast to stop, according to allegations in the affidavit. As the pickup sped through the intersection, it struck the Mercedes driven by Luckett, who had the right of way.

Mendoza had a laceration on his forehead and was bleeding heavily, and he was uncooperative and hostile when medical personnel tried to assist him, cursing and telling them to get away from him, according to allegations in the affidavit.

When police officers questioned Mendoza, he was verbally aggressive and cursed, responding to their questions by repeating the questions they asked him, according to allegations in an affidavit. When officers asked him what happened, he told them, "You tell me what the (expletive) happened.”

He started speaking Spanish and refused to speak English, and then he flirtatiously asked personal questions of a Spanish-speaking female officer who was provided to assist, according to allegations. He still refused to respond to questions about the crash.

Mendoza didn't acknowledge his injuries or pain, and his emotions cycled rapidly, according to allegations in an affidavit. His former employer arrived and told police he fired Mendoza recently because he began using illegal drugs and his behavior became erratic. At the hospital, Mendoza's wife told police they separated in January because he was using methamphetamine and cocaine, according to allegations in an affidavit. He acted erratically while using the drugs.

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Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news and more. Contact Trish with news tips at tchoate@gannett.com. Read her recent work here. Her Twitter handle is @Trishapedia.

This article originally appeared on Wichita Falls Times Record News: Wichita Falls man indicted on manslaughter for Diane Luckett's death