
Jury Sentences
Church to
30
years in prison
That
was the headline in local news in our area on July 24, 2008.
The Church they were referring to is Robert's brother, Douglas.
Once again the tragic consequences that can result when someone
makes the decision to drive after drinking were made evident on
August 11, 2006. On that evening Doug left a friend's house,
where he had been drinking beer, and attempted to drive home.
At approximately 11 p.m. on that night, on a two lane, paved farm
road, he attempted to pass a friend in front of him in a no passing
zone. As he approached a hill, a 35-year-old mother
and her
three children were traveling from the opposite direction,
on their way home after having just attended the local annual rodeo.
When it became obvious to the mother, Debbie French, that they were about to
collide, she swerved to the ditch on her right. Unfortunately
Doug swerved toward that ditch also, trying to avoid a collision.
Instead he hit the Debbie's truck almost head on in the ditch.
She died at the scene of the crash. Her three children
all sustained serious injuries, with the youngest being critically
injured. This is a tragedy beyond imagination. Doug's
decision to drive while intoxicated that night destroyed an innocent
family. Three children lost their mother, a husband lost his
wife, a mother lost her daughter, siblings lost their sister.
So many lives were impacted. It doesn't matter that Doug did
not get into his truck that night with the intention of
causing serious injury and death.
He made a poor choice that resulted in tragedy. His
remorse cannot undo the damage that resulted from that choice.
He never denied his responsibility for the crash and pled guilty
once the charges were filed.
Before
I continue with Doug's story I want to make a few comments. If
you have already read Robert's story before arriving at this page,
you hopefully sensed that his story was told with what some might
describe as "brutal honesty." Doug's story will be
told the same way, not "turning a blind eye" to the
mistakes he made. The whole purpose of sharing the stories of
my sons is to hopefully prevent others from making the same choices
that these young men made. The reality of the consequences of
their choices, and how those choices affected so many lives, must be
acknowledged if any lessons are to be learned from the mistakes they
made. By doing so it should in no way be misconstrued as a
lack of love or compassion on my part for either of my sons.
There is no love stronger than the love of a parent for their
children, and the love in my heart for both of my sons is beyond
measure. I have wished a million times that I could trade
places with either of them, so that they would live full and happy
lives, but life doesn't work that way. God knows I wish it
did.
Years
ago, before Doug's crash, I was sharing Robert's story in a school
presentation to middle and high school students. It was a
small school system and they had their entire middle and high school
students gathered together in a single assembly for the
presentation. At the conclusion of my school presentations, if
the school allows and time permits, I "open the floor for
questions" from the students. At this particular assembly
a girl I would guess to be 13 or 14-years-old asked me "How do
you think Robert would feel about you coming into schools and
telling kids about what he did?" Without hesitation I
replied "I believe that if Robert had survived his crash HE would be here telling his story, because he loved people, and he
wouldn't want what happened to him to happen to anyone. That's
just the kind guy he was."
When
I talked to Doug about sharing his story he told me point blank,
"Don't sugar coat it, Dad. People have GOT to know what
can happen, and that they can't go back and undo the damage once
it's done."
Before
I continue I want to make one thing perfectly clear. Douglas
Church was NOT a victim in this tragic story, and I'm certainly not
trying to portray him as one. The true victims in this story
are Debbie French and the
grieving family that survived her. For years I have postponed
putting this story on this web site, but I can't postpone it any
longer. Too many people are still being injured or killed
because someone made the choice to drive while under the influence
of alcohol or drugs.
If
you EVER consider driving while under the influence of ANY
substance, and Robert's story, or another story shared on this web
site don't cause you to decide to call for a ride with a
non-impaired driver, or simply stay where you are until you are no
longer under the influence, it is my hope that Doug's story will
help you make the right choice.
With
Doug's consent and support, here is his "un-sugar coated"
story, told:
In
Memory of Debbie (Selman) French, (October 31, 1970-August 11, 2006)
_______________________________________________________________________________________________
The
Early Years
As
I tell in my school presentations, Robert and Douglas were as close
as two brothers could ever be. I describe them as like salt
and pepper; inseparable. Doug idolized Robert, just as many
younger brothers do. Yet they were as different as night and
day. Robert was an extrovert and Doug was an introvert.
Robert was outgoing and could talk to anyone without
reservations. Doug was shy and it took him awhile to
"open up" to people. Robert had a sharp and
instantaneous wit about him. Doug had a more reserved, dry
wit.
I
remember when Doug was about 8-years-old a wart developed on one of
his legs, just above the kneecap. After over the counter
liquid meds failed we took him to our family doctor. The
doctor said he needed to burn the wart off. I can still see
that day as if it were only yesterday; Doug maybe 4 feet tall and
all of 50 pounds, with his legs dangling of the end of the
examination table. Like most kids, Doug hated needles and
refused to take a shot around the wart area to deaden the
pain. This was prior to laser technology and the doctor was
using what looked like a dentist's electric drill, but it sparked
and sounded like a policeman's taser gun. You could actually
see the electrical charge touching the wart and the wart began to
smoke. I can only imagine the pain Doug was feeling. I
looked at Doug as he sat there in silence and fought back
tears. After about the third "zap" on the wart Doug
calmly said through gritted teeth "Doc, if you do that again
I'm gonna have to hurt you." That was an example of his
dry wit. It took the doctor a minute to regain his composure
before he could finish the procedure.
In
school Robert was a regular on the Honor Roll. He had an
amazing reading comprehension level and homework was a breeze for
him. Doug, on the other hand, struggled. He got easily
frustrated. I had my challenges in school as well, and
breathed a sigh of relief as I watched him walk across that stage to
receive his high school diploma. By that time he was deeply in
love with his high school sweetheart. Doug did "just
enough to get by" as far as school was concerned. His
primary focus was his girlfriend, even though he and Robert were
still very close.
Like
Robert, Doug was mechanically inclined, and they spent many hours
working side by side on their trucks. Doug was most
comfortable outdoors. He loved to water ski, fish, and was an
avid deer hunter.
Both
Robert and Doug began drinking alcohol in their teens. Like
many parents, I never condoned it and certainly never bought it for
them. They knew better than to drink in my presence because
they would be grounded. I gave them the usual parent
"lectures" about drinking and driving dangers and the fact
that it was illegal for them to be drinking alcohol, while I
justified my own use of alcohol with "I'm over 21and I'm
legal." It was the same "logic" that I was
raised under...the old "Do as I say, not as I do" method
of raising kids. I never realized the hypocrisy of that
approach until long after their beliefs an attitudes regarding
drinking were well established.
By
the time Doug was in high school I had already remarried.
Eventually my wife and I bought a two story house on 1.5 acres in a
small community near West, the small city where both boys were
raised and attended school. They chose to live with us and
became very close to the stepbrother and stepsister they inherited.
Life was good.
Robert's
Death
That all changed with Robert's sudden and certainly
unexpected death. My grief was immense and I "poured
myself" into underage drinking prevention efforts and speaking
in schools. I was determined to try to make something positive
come from Robert's senseless death. I'm certainly not the
first parent to "carry their child's story forward"
through activism, in hope it would prevent another young person from
meeting the same fate, as well as prevent another family from
experiencing such a devastating loss. Many mental health and
grief experts will say often grieving parents find doing this to be therapeutic
and a part of healing their grief. Maybe it is, but I never
looked at it that way. I just looked at it as a way to see
that Robert didn't die in vain, although nothing can
"justify" a person losing their life at such a young
age.
Doug became even more withdrawn after Robert's
death. I had numerous conversations with him about what I was
doing and why. I didn't want him to feel that I was
"discrediting" the memory of his brother. I asked
him more than once to come to one of my school presentations, not to
speak, (because I knew with Doug's shyness he would never stand
before a large crowd and speak), but to see how I presented his
brother's story, and for him to see the impact it was having on many
of the students. He said "I understand why you are doing
what you do, but I just can't do it. I can't be there, at
least not now."
I was deeply concerned with the grief Douglas was
holding inside. I had yet to see him truly break down since
his brother's death, and although I was certainly no grief expert, I
DID know that during my private moments when I totally lost it, it
started opening the door to healing. I gave him every
opportunity to "share his grief and let it out," telling
him to forget all that macho crap about "real men don't
cry," because even the strongest man will cry when the pain
becomes severe enough. He just wasn't comfortable in sharing
his grief. As I've learned through this ordeal, every person
grieves in their own way and I didn't push him. I just wanted
him to know I was there if he ever wanted to open up and let it
loose.
Five months after Robert's death Doug was arrested
for DWI. I was devastated, to say the least. When I
talked a few weeks later to the police officer who arrested him he
said, "Yeah, I remember your son. He and a friend were
parked in an industrial area where there had been several
burglaries." When the officer drove up to see what they
were doing there, (it was after midnight and they stopped there only
to "relieve themselves), Doug tried to flee. Fortunately
he quickly abandoned that idea and pulled his truck to a stop.
The officer smelled beer on his breath, did a field sobriety test,
and Doug consented to a breath test. He was .082 according to
the reading on the breathalyzer. The officer said when he told
Doug he was arresting him for DWI Doug said, "My dad's gonna
have a f***ing heart attack." I almost did.
It soon became apparent to me that Doug was
medicating his pain with more than just alcohol. His mood
swings were becoming more pronounced, far more obvious than just
part of the grief cycle. His attitude and the way he
interacted with family, his erratic sleep patterns and losing his
job made it obvious he was using drugs. I offered to get him
counseling and treatment, just as I had offered Robert when I saw
his drinking was becoming a problem. Like Robert, Doug was in
denial. And as I learned from Robert's situation, a parent
can't force "an adult child" into treatment or
counseling. So I set strict house and curfew rules. It
got to the point that I was having to throw water on his face when I
couldn't get him to wake up to go to work and he still wouldn't get
up. I was at my wits end. I had tried the love approach and cut him
more slack than I had ever been given when I was under my parents
roof. I tried discipline. Nothing was working. All
I knew was that I buried one son and I wasn't going to be an enabler
and aid him in his path of self destruction. I finally went
with the "Tough Love" approach, and quickly learned why
they call it by that name. I kicked Doug out of the house; one
of the most painful decisions of my life. He moved in with his
mother and didn't speak to me for over two years.
A
New Beginning
My prayer was answered when I came home from work
and my wife said "Doug called today and asked if he could come
by to talk to us." That evening when he came to our house
I saw a Douglas that I had never seen before. He was soft
spoken and quite frankly looked like he had been run over by a
train. He was a broken man. He finally hit rock
bottom. He apologized for the disrespect he had shown toward
all of us, said he knew his life had reached a dead end. He
asked if we would help him get his life straightened out and back on
the right track. I told him we were always there for him, even
though the drugs blinded him from ever understanding that at the
time. I asked him how serious he was and he said that he had
gone to rehab and was clean. He said he would take a drug test
if I didn't believe him. He said he wanted to go to Technical
College and get a degree in Welding Technology.
Between my wife and I, his mother and grandmother, a
small grant and some student loans, we got Doug into college and he
totally amazed us. He maintained a job, never missed a day of
class, had a 4.0 grade average and made the Dean's List. He
got his degree, landed a good job, married his high school
sweetheart and they were in the early stages of looking for their
first house to buy. Our father-son bond was rebuilt with a
love and mutual respect that far exceeded all I have ever hoped for.
The good news was my son had made a remarkable
turnaround in his life and had a great future ahead of him.
With the years of his drug abuse and addiction burned into my
memory, and knowing from that experience the telltale signs of
someone "using", it was clear to me that Doug had
"beat his demons" and was "clean." He was
stable and focused. I "had my son back" and was so
proud of the man he had become. What wasn't obvious to me was
that he was still struggling with one demon. That demon was
alcohol addiction.
Meanwhile my second marriage had ended in
divorce. I accepted a position with a company in Florida that
was involved in teen driver safety and moved to the Florida West
Coast, south of Tampa. A time I will treasure until I die was the weekend I
flew Doug out for a visit. I chartered a guide that took us
bay fishing. We took the fish we caught back to my place,
where we grilled them on an outdoor grill. My boss invited us
to join her and others for a boat ride on her luxury boat out into
the Gulf of Mexico. I also took Doug to a popular beach in Clearwater
that had a live band playing on a deck at the edge of the
beach. The "scenery" was awesome, as was the bonding
time. I told him on his next visit we would charter a larger
boat and go deep sea fishing. Little did I know that weekend would be his only trip to
Florida.
The
Phone Call I'll Never Forget
On Saturday, August 12, 2006, I awoke and went into
the kitchen to make some coffee. My cell phone was on the
charger on the breakfast bar. I glanced at it and saw I had
two voicemails from Doug's mother. She had called at around
2:15am Florida time. The ringer on the phone was on silent and
I missed her calls. After listening to the first voicemail and
hearing "Douglas was in a
wreck." I immediately hung up my phone and called
her. When she answered I said, "Is he OK? Was
anyone hurt?" She said "He has a concussion but he's
going to be OK. Jack, it was bad. A lady was killed and
her kids were hurt , one of them really bad." It took me
a few seconds to process what she said. Then I asked the
question, "Had he been drinking?" I heard her take a
deep breath before replying, "Yes." At that moment I had that same
"kicked in the chest by a horse" feeling that I had the
day they told me Robert was dead. This can't be happening, I
thought to myself. Unfortunately it DID happen, and none of us
can go back and change it now.
As I would learn as the story unfolded, on the night
of the crash Doug was told by his wife that she and her mother were
going to go play bingo and he was invited to join them if he wanted
to. He elected instead to go visit with a friend in a
neighboring city. While there they drank several beers.
He left his friend's house at a little after 10:30 pm. Doug's cell phone records were important, which I will explain in a
moment.
As Doug's cell phone records indicated, he called
his wife's cell phone at 10:52pm to tell her he was on his way
home. The call lasted 14 seconds before it was dropped.
His next call, also at 10:52pm, was a 24 second call to his mother's
home phone number, (where he and his wife were living, as they were
trying to save money to buy their first house), to talk to
his wife. At 10:53pm his wife called him back from her cell
phone. That call lasted 1 minute and 11 seconds. At
10:55pm Doug called the cell phone of a friend who was riding in the
pickup truck that he would later attempt to pass. That call
lasted 1 minute and 38 seconds. Doug's next call was to 911 at
11:01pm. The call lasted 2 minutes and 24 seconds. That
means the wreck happened between 10:57pm and 11:01pm.
I mention the detailed phone records, which are part
of the court records, because several false allegations were
made that I want to set the record straight on. As Doug was
trying to get out of his truck, the friend that he attempted to pass
saw the wreck and returned to the scene. Doug tried to open
the driver's door of his truck, but it wouldn't open because the
impact crushed the fender into the door. He tried to open the
passenger door and encountered the same problem. He had to
crawl out the window of the passenger door to get out of his
truck. During this time his two friends were now standing by Doug's truck as he
crawled out the window. After having just been in an almost
head on collision, and having had an air bag blow up in his face and
also hitting
his head inside the truck, common logic would tell you he was dazed, and it
took a few seconds for him to process what had just happened.
His first words to his friends were "Oh my God! What do
we do? Call 911? What do we do?" When he
realized how severe the crash was he immediately called 911.
The next call on his cell phone records was placed to his mother's
house, to tell her and his wife that he had just had a wreck.
That call was made at 11:05pm.
During the course of all this, Debbie's middle
child, Andrew, who I believe was age 9 or 10 at the time of the
crash and sustained a serious compound fracture of one of his arms
where the bone was protruding through his skin, had gotten out of his mother's truck and overheard Doug say
"Do we call 911?" He related that to the
investigating State Trooper, or one of the Sheriff's Deputies that
also responded to the crash, and the result was quotes to the media
that Doug may have debated whether or not to call 911. That
allegation understandably enraged the public, and I can only imagine
how it impacted Debbie's grieving family. And even more
damning false allegations would soon follow.
The call history on Doug's
cell phone clearly showed WHO he called that night, in what order the calls were
made, and how long each call lasted. You can't manipulate on a
cell phone the records of outgoing and incoming calls, but I knew
that wouldn't be enough. We needed the official records.
The District Attorney's office would not release Doug's subpoenaed
cell phone records or recordings of the 911 calls because the case
was still under investigation. I didn't really care what the
public thought at that point. "Trial by media" is
all to common these days and far too many people assume if
"they heard it on the TV News or read it in the newspaper then
it must be true." But I DID care how that false
allegation was impacting Debbie's grieving family. I can only
imagine the additional pain and rage they felt after being led to
believe that Doug would even consider not calling 911 for help.
Every time I pressed Doug's attorney to get those records his
response was "The records will show the D.A. that Doug called
911as soon as he saw how serious the crash was." Great,
the D.A. will know the truth, but what about the family mourning Debbie's death? They needed
to immediately know that.
By this time I had moved back to Waco. After my pressures to get Doug's attorney to get
those records "fell on deaf ears" I consulted with a
private investigator. He told me if I hired him THROUGH Doug's
attorney's office and payment was received through that office that
he would legally be part of Doug's defense team and that the D.A.
would have to make copies of those records available to us.
Needless to say, my level of confidence in Doug's attorney was
rapidly declining. I thought to myself "How could he
not
understand the emotional trauma this false information was putting
Debbie's family through?" I hired the investigator,
called Doug's attorney, and said "I have hired a private
investigator to assist you with Doug's case. I need to set up
a time for you to meet him so we can discuss the next steps."
The private investigator was able to get Doug's cell
phone records. the logs documenting the 911 calls, and the actual
recordings of those calls. They supported Doug's statements to
me and the call history on his cell phone. Those records also
confirmed WHY it took so long that night for medical help to
arrive. The wreck occurred in far north McLennan County, just
a few miles south of Hill County. The cell tower that picked
up Doug's call routed it to the 911 operator in Hill County and it
was obvious from the tape recording of the first of two calls Doug
made to 911 that the operator had no clue where the location of the
crash was. Finally he was able to get her to understand that
the crash was NOT in Hill County and the call was routed to the
McLennan County 911 operator, where Doug's call was placed on hold
before he finally got to talk to them and tell them where he was,
what had happened, and that ambulances were needed
immediately. He was told EMS was being notified.
As I said earlier, that call to 911 was placed at
11:01 pm and lasted 2 minutes and 24 seconds. Doug's next
call, at 11:05 pm, was made to his mother's house, where he was
calling her and his wife to tell them about the wreck and where he
was. That call lasted 1 minute and 23 seconds. His wife
and his mother immediately headed to the scene of the crash.
While in route to the wreck his wife called her mother, who lived
only a couple of miles from the crash site and told her about Doug's
call. Doug's mother-in-law also immediately drove to the crash
site, arriving at the same time as Doug's wife and his mother.
As they got out of their vehicles they could see Doug standing in
the middle of the road screaming at someone on his cell phone.
That "someone" was 911, who he again called at 11:16 pm
after ambulances still had not arrived. Listen to that 911
call and you decide whether or not this sounds like the voice of
someone who has no regard for the victims in the crash.
(Note: This is the portion of the second call to 911 AFTER it
had been transferred from Hill County to McLennan County. You
will hear where the 911 operator attempts to call EMS 7 times,
getting a busy signal each time. After 7 attempts the 911
operator tells Doug "We can't get ahold of EMS" and Doug
becomes frantic.) Here
is the recording of that call: CLICK
HERE
The 911 operator was attempting to reach the
ambulance service that was closest to the crash site,
which was the Volunteer Ambulance Association in the City of West,
located a few miles north of the crash site. Having years
earlier been a volunteer for that service I can tell you it is not a
24 hour fully staffed facility like a fire department. This is
part of why it took so long for medical help to arrive. The
West ambulances are parked in a building on property that was owned by
the town's former hospital. At the time I served volunteers on
call were notified of a call by their home phone and a pager. I would assume by 2006 on call volunteers were called on their cell
phone if they weren't home to answer their home phone.
Regardless, a volunteer EMS service will have a longer response time
to a call compared to an ambulance dispatched from a 24 hour staffed fire
department.
To make matters worse, the EMS unit that responded
headed the opposite direction of the crash site after they exited from the
highway. When they couldn't find the wreck they called
back and learned they were going the opposite direction. They
turned around and headed east toward the crash site. After they crossed back over
the highway bridge they were blocked by a freight train that was on
the tracks that run north and south, parallel to the highway,
further delaying their arrival. Critical time was lost that
night, but it was NOT because Doug delayed calling 911.
Doug's wife, mother and his mother-in-law went over to
the truck and tried to calm Debbie's two children down, who were
trapped in the truck and hysterical, assuring them that help was on
the way. They checked
Debbie and she had no pulse. A man and his teen aged son also
arrived on the scene and checked on the victims in the truck.
They would later give "embellished" testimony at Doug's
trial, which I will simply leave at that.
When EMS finally arrived Doug's wife was asked to move
her car further from the shoulder of the road, which she did.
His mother-in-law saw Andrew, who was out of the truck, and at first
didn't realize he had been in the wreck. When she saw his
injured arm she approached the EMS workers and told them of his
injury. Doug's mother and the father of the driver of the truck
Doug had attempted to pass, (the father lived just down the road from
the crash site and had received a call from his son) asked
Andrew to sit down until EMS could
check him. Then Doug's mother, seeing the damage
to his truck and knowing it would obviously be towed somewhere, she
first looked in the cab of his truck and retrieved his checkbook and
other personal items. Then she removed from the bed of his truck
a small bathroom heater and empty cooler, never even dreaming that
might be construed as "tampering with evidence," which it
later was.
After Andrew mentioned to the Trooper that he saw
Doug's mother remove a cooler and some "other things" from
his truck, the Trooper inspected the empty cooler that his mother placed in
Doug's wife's car. Law enforcement thoroughly searched the area
for full containers of beer or other alcohol and found none.
Later the news media would further sensationalize the case by
reporting that allegations were made that Doug "may have"
called his mother BEFORE calling 911 so she could "clean up the
crime scene." I knew that was preposterous because I KNEW
Doug was not the heartless "Charles Manson personality" the
media was portraying him as, his cell records PROVED who was called
and when, and his mother had also recently had back surgery.
There was no possible way she could have lifted the cooler if it had
ice and beer in it. But Debbie's family didn't know that, and
once again I was furious as to how such an allegation was undoubtedly
tearing their hearts up.
For the record, Doug's mother volunteered to take a
polygraph exam. She was suffering from a bad case of bronchitis
when the exam was scheduled. The examiner told her there was no
way he could get accurate test results. They rescheduled the
test and the second time the examiner was still concerned because she
has asthma and these tests are heavily influenced by any breathing
patterns and sensitivities. The examiner told the D.A. that Doug's mother was
not an acceptable candidate for a polygraph, but he felt she was being
truthful, based on how she acted at each meeting and the fact that she
didn't try to back out of either schedule exam. Unfortunately
the media didn't report this or the other evidence on hand that showed
the allegations were unsupported by facts, until this all became part
of the court testimony at Doug's trial, which was almost two years
after the crash.
What I never understood was what relevance it would
have had in the case even if Doug DID have a cooler with beer in the
bed of his pickup truck. THAT would not have convicted him.
His BAC from the blood sample they drew from him at the hospital where
he was first taken before
being taken to jail would be the admissible evidence they needed for a
conviction. Doug never considered a not guilty defense. He
knew he was guilty and to plead not guilty would be a slap in the face
to an already grieving family. He also elected to stay in the
county jail until his trial instead of bonding out, to spare Debbie's
family the additional anguish of them knowing he was free and at home
while Debbie would never be coming home.
Yet none of the details I wrote above outweigh the
fact that once again, as is the case every day in some part of this
country, a person's decision to drive a vehicle after consuming
alcohol resulted in an innocent victim's life being taken, and others
were injured. What happened that night in August, 2006 was
horrible. A loving 35-year-old mother lost her life that
night. Three children were injured and, more important, lost the
mother they loved. Debbie's husband drove upon the crash site while
going to look for her after calls to her cell phone were
unanswered. At the scene he is told his wife is dead and
his daughter and two other step children are headed to three different
hospitals. Ashley, his 7-year-old daughter, was flown by
helicopter to a children's hospital in Fort Worth, 80 miles north,
because her injuries were critical. Andrew was treated
at a Waco hospital, 20 miles south, for a severely broken arm.
14-year-old Megan was flown 50 miles south to another hospital and treated for a concussion and multiple cuts on her face and mouth.
Forget about all the false allegations regarding this
story that I have shared. Just read the paragraph above
again. That in itself is enough to probably cause most of you
reading this to hate Doug. That's understandable. But you
need to ALSO understand that in all likelihood that is exactly how
society and a jury are going to feel toward you if you make the choice
to drive after drinking and cause a similar tragedy. The fact
that you never intended to hurt or kill anyone will mean
nothing. If you have the intelligence to drive a vehicle then
society and a judge and jury will expect you to have the intelligence
to know that you shouldn't operate a vehicle while impaired in any
way. To do so shows a lack of regard for anyone's life you may
endanger. And if God forbid you critically injure or kill
someone while driving impaired you WILL be vigorously
prosecuted. You will find little sympathy from 12 strangers if
you elect to have a jury trial instead of agreeing to have a judge
determine your punishment. One of every three families has been
affected in some way by someone who has driven impaired. ONE in
THREE. Based on that percentage, the odds are high that 4 of the
12 people who will choose your fate have in some way been personally
affected by someone who made the choice to drive after drinking.
There was a period in time when much of our society was
more lenient in these cases. Those days are history. As a
prosecutor will vividly argue, these are crashes, not
"accidents." Some accidents aren't preventable.
That's why they are called accidents. But EVERY drunk driving
crash is preventable. The driver COULD have made the choice to
not drive while under the influence.
Douglas was charged with one count of intoxication
manslaughter and three counts of intoxication assault, one count for
each of the injured children. The manslaughter charge carried a
maximum punishment of 20 years in prison. Each assault charge
carried a 10 year maximum prison sentence. Doug faced a maximum
of 50 years in prison. The jury spoke loud and clear. On
the manslaughter charge: 20 years in prison. For injuries
sustained by the youngest child: 10 years in prison. On the
other two assault charges: 5 years each, probated AFTER Doug is
released from prison. Total sentence including the 10 years he
will be on probation, where one violation will send him back to prison
again, 40 years. The jury also ruled that his truck was a deadly
weapon, which upgraded the charges to "aggravated," meaning
he will have to serve at least 50% of his sentence before he will even be eligible for parole.
With multiple prison sentences a judge almost always
has the discretion to order the sentences to be served concurrently
(side by side, or simultaneously), on consecutively, meaning each
sentence must be served before the next sentence begins. The
judge ordered Doug's sentences to be served consecutively, meaning
that he will serve a very minimum of 15 years before he could ever see
freedom again, and it is highly unlikely he will be granted parole the
first time he comes up for consideration. In cases where victims
are involved it is rare that an offender is granted parole on his or her
"first time up."
The
Origin and Depth of Doug's Addiction
As I said early in this story, it became apparent that
Doug was using drugs after Robert's death. (For those of you who
may be wondering, a complete toxicology test was done on Doug's blood
sample taken after the crash and there were no illegal drugs in his
system. His BAC that was entered as evidence in his trial was
.09 something. I don't recall the exact percentage.) What
I didn't know, and wouldn't know until years later, was when Doug's
drug abuse began, or the severity of it.
In November of 2009 I asked Doug if he would consider
writing an "open letter" to the students that I speak to
during school presentations, knowing that in all likelihood the Texas
Prison System will never allow Doug to join me and speak at one of
these presentations while he is incarcerated. A few days later I
received a three page handwritten letter from Doug. Here is a
portion of what he wrote:
"At the age of 15 I wanted to grow up too
fast. I drank and regularly used speed and cocaine. I
went to school just enough to get by. While my classmates were
planning their future I was planning my next high.
I will also say this. There are two
types of people. Two 16-year-olds can take the same drug or
alcohol and achieve the exact same high and burn out as the
other. They are both going to feel sick when it is over.
One will say "The high was fun, but I feel terrible. I'm
never using again." The other will say, "I fell
terrible. But man, what about that high!" Another
addict is born.
At 17 I managed to graduate from high
school. I was a functioning addict. I had a job,
girlfriend, and what appeared to be a normal life; but I was
secretly a slave to methamphetamine. This would all change at
the age of 18 with the death of my hero. My fun loving, drug
free brother died in an alcohol related accident and I lost touch
with reality. My drug abuse escalated dramatically, and I
spent the next 3 years with a needle in my arm. Life and my
family were no longer important to me."
I was literally floored by what Doug had
written. It was obvious after Robert's death that Doug had
withdrawn from family and was using drugs, but I had no idea he had
reached a point where he was actually injecting meth into his
body. Doug went on to write:
"At age 21, rehab and the determined love
of a woman would get me off the drugs and a college education, but I
was still sick. I allowed my family back into my life, but
going untreated the legal drug alcohol crept back up. In no
time I was single, then married a year later to my high school
sweetheart. I hid my alcoholism the best that I could, until
my wife started realizing that I would black out and forget
half of the night. Where she thought the party started at 8
pm, I had started my own at 10 am while she was working. I had
a good job and learned a decent living for us, (Note:
Doug was a contract welder, where he would work on a job site until
the project was completed. Then he might be off 2 to 6 weeks
before another contract job opened up. The amount of money he
made on those jobs, along with doing freelance welding for others,
was enough to carry them through until the next contract job
opportunity opened up. As a result, he often had "free
time" on his hands while his wife worked as a hair stylist
during the day.),
but I was out of control. By 2006 my drinking problem
was out in the open with myself and my wife, but I still thought I
could control it. I did, until August 11th of that year...a
day that so many people will never forget."
Doug went on to write about the crash and
devastation he caused. I am omitting that portion of his
letter here, in the event some of Debbie's family members happen
upon this web site. God knows they have suffered enough and
don't need to re-live that night again by reading the graphic
details here.
"Much of what I remember from that night
is a feeling of helplessness, frustration and regret.
Every minute felt like an hour. People are dying and none of
it had to happen.
It wasn't until my trial that I realized what
an awesome human being Debbie was. They showed a picture of a
woman with a beautiful smile and an unending love for her family,
horses, and just life itself. She wanted nothing but the best
for her children. She was the ultimate Super Mom with a heart
of gold who went to an early grave because of me and me alone.
Now her children have been left with a hole in their hearts, and
have been forever robbed of the joy she once brought them, because
of my actions. She will never ride another horse, take another
walk with her husband, or be the light in so many lives ever again,
because I chose to drink and drive. This is a debt that is
impossible to repay and a feeling that can't be explained.
You may never know until it's too late, and
you carry the weight and horrific images of death and disaster
caused by your careless actions, which one you are: the
addict, or the one who turned away. No matter how sorry you
are, some things can never be fixed or forgiven. The sad thing
is both the addict and first time drinkers can ruin lives.
Don't think that you can't relate to someone
who used to inject poison into their arms. I too was raised
better than that, and it all started with that first beer and the
high that I chased. I encourage you to not drink, but if you
do, I beg you to not drink and drive."
___________________________________________________________________________________________________________
"It's
Not About Me"
I went to the prison to see Doug shortly after I
received his letter. I thanked him for "opening up"
as much as he did, acknowledging how out of character that was for
someone who is shy by nature.
When people who are impacted by this web site email
me, they often mention whatever it was they read here that
"opened their eyes" or caused them to re-evaluate their
own thoughts about drinking and driving. For many it's
something they read in Robert's story. For others it was
something they read in another person's story here. One
college student wrote to say he never considered driving after
drinking, but was shocked to learn of the number of young people who
die from alcohol poisoning. He said that as a result of just
seeing the sheer number of faces of students who died from alcohol
poisoning he was "cutting way back on how much I
drink."
I told Doug I thought if nothing else on this web
site wakes people up to the REAL dangers of drinking and driving,
maybe the thought of being in prison would, and how I had hoped he
would have included something in his letter about what life is like
for him, being an inmate. I'll never forget what he
said. He immediately replied, "Dad, it's not about
me. It's about what I did. It's about Debbie French, a
stranger that I killed. It's about her kids that I hurt, and
about what I took from them and Debbie's entire family that I can
never give back to them. My choice to drive after drinking
that night hurt so many people. It's not about me. My
choices are what put me here. Your message needs to be about
the innocent lives that drinking and driving destroys, and not about
my life now."
I can't disagree with what Doug said, and I have
tried to make it crystal clear that he was not and is not a victim
in this tragic story. Debbie French and her family are the
true victims, and that fact should never be overlooked. I'm
relatively certain that after I print this section of the web site
and mail it to Doug that his response will be that I DID write too
much about him, as far as about his general personality and
"make up." My response will be that I did the same
thing when describing his brother, because more and more young
people would tell me after a school presentation or in an email that
they "saw a piece of themselves" in something they learned
about Robert, and that made his story more relative to them.
Both Doug and I have shared much about his battles
with addictions. That should NOT be mistakenly perceived as an
attempt to shift the blame from Doug to addiction, as far as the
cause of what happened that fateful night in 2006.
"Addiction" did not kill Debbie French and injure her
three children. Doug's decision to drive after drinking was
the direct cause of the crash, and he has never denied that.
Alcoholism often contributes to a person's drinking habits, and
their decision to drive after drinking, but it is never an excuse
for driving while intoxicated.
It can also not be denied that a large number of DWI
offenders ARE alcoholics, and alcoholism IS an addiction. That
is a fact. Many who read Doug's story will be people who meet
the clinical definition of an alcoholic. Some will be in
denial, while others are honest enough to admit, at least to
themselves, that they have a serious drinking problem, yet are not
at the stage where they are willing to seek treatment. It is
both my and Doug's hope that those who are at that point, after
reading how his untreated alcoholism unquestionably played a role in
his choice to drive that night, WILL be inspired to seek treatment
before THEY cause a similar tragedy and end up where he is now.
Regardless of what your viewpoint or life situation
may be, if you are ever in a position where you are about to make a
choice as to whether or not to drive while under the influence of
alcohol or ANY drug, I pray something you read on this page or
elsewhere in the web site will help you make the right choice.
Our prayers continue to be extended to the family of
Debbie Selman French.
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