Driver goes free in death of deputy
But Mexican citizen still may face deportation

By ALLAN TURNER Copyright 2008 Houston Chronicle
Aug. 8, 2008, 12:02AM
218Comments 24Recommend 1 2

Harris County Sheriff's Office
Jose Jesus Vieyra, 57, will not face trial for the accident that killed a Harris County sheriff's deputy, prosecutors have decided.

A Mexican citizen accused of causing a February traffic accident in which a drunken Harris County sheriff's deputy died walked out of court a free man Thursday after prosecutors asked the judge to dismiss the case.

But although Jose Jesus Vieyra, 57, escaped a criminally negligent homicide charge — a state jail felony that, upon conviction, could have brought two years in jail and a $10,000 fine — he still faces the prospect of deportation for being in the United States illegally.

Vieyra's attorney Lee Guerrero said he is free on a $10,000 immigration bond and will appear in immigration court in November because he overstayed his visa.

Deputy Craig Miller, a 20-year veteran of the force, died in the Feb. 21 crash on the Interstate 10 access road after plowing his sport utility vehicle into the rear of a commercial truck driven by Vieyra.

Investigators have said Vieyra entered the roadway from an auto dealership and crossed three lanes of traffic into Miller's path.

Miller, who had been called on duty after working a full shift, was en route to an undercover assignment.

Miller's vehicle became airborne before crashing onto a concrete embankment between the interstate and the access road.

Emergency workers were forced to cut Miller out of his vehicle. He was not wearing a seat belt, and was dead at the scene.


Officer was dedicated
Miller, a Katy resident with two young children, was lauded as a competent, fair-minded and dedicated officer. Vieyra was charged and spent nearly two months in jail before bonding out.

Weeks later, though, the case took on a different perspective when an autopsy report showed Miller's blood alcohol level had been more than three times above that required for legal intoxication. Forensic pathologists also found signs of alcoholism.

Sheriff's accident investigator David Pearson said he found no indication Miller had steered or braked to avoid the collision, which he thought still would have occurred but might have been less severe had the driver taken evasive action.

A written statement from Sheriff Tommy Thomas said the charges were dismissed largely because of the investigation conducted by his deputies.

"We concur with the findings of the reconstruction unit and agree with the decision of the Harris County District Attorney's Office and the court to dismiss Mr. Vieyra's charges," the statement said.

Vieyra, previously a Mexico City resident, has sons in Houston and Dallas. He appeared in court Thursday where Judge Jeannine Barr accepted the prosecution's recommendation to drop the charge.

District attorney's spokeswoman Donna Hawkins said that after an "extensive and careful review" prosecutors had found "legitimate and sufficient reasonable doubt regarding the evidence." Had prosecutors pressed the charge and obtained a conviction, Hawkins said, Vieyra might have been eligible for probation.

Once free on probation, however, he might have been subject to deportation.

After Barr dropped the charge, Vieyra told spectators the accident's memory continues to haunt him and he prays daily for Miller's family and his own.

"He has a very big heart and a kind and gentle soul," his attorney said. "He's been in a very difficult situation. He has had a lot to deal with in reporting to bondsmen while trying to continue his life while out on bond for a serious offense. Now that this is over, he will be seeking counseling."


A 'respectful person'
Vieyra, Guerrero said, was trained as an engineer in Mexico, where he owned a business. She was uncertain for whom he worked in Houston.

Vieyra could not be reached for comment after his court appearance.

A longtime neighbor, Jose Diaz, said Vieyra bought a home in the Crown Colony West neighborhood in southwest Houston about three years ago.

"He was very peaceful," said Diaz.

Diaz said Vieyra has two sons, including one who is an automobile mechanic in Dallas and a teenager who attends school in Houston.

Telephone calls to Miller's widow, brother and sister were not returned.

allan.turner@chron.com

james.pinkerton@chron.com


http://www.chron.com/disp/story.mpl/met ... 30032.html