Charges dropped in deadly wreck

October 16, 2009 9:30:10 AM PDT
A wrecker driver who already pled guilty to killing an elderly couple in an accident is no longer facing charges in the case. They've been dropped. It is a story we've been following that's had plenty of twists and turns. Sergio Gonzalez was in court Friday morning, but it wasn't for the accident. Rather, it was on an unrelated drug charge.

Gonzalez, a tow truck driver, collided with Maureen and Leon Roberson almost three years ago to the day. They had just left church and were killed instantly. Gonzalez had faced manslaughter charges, but last month pleaded guilty to lesser charges of criminally negligent homicide, time served.

"It's just not right," said Gretchen Jean, the victims' daughter. "It's not right."

"Our family hasn't seen justice since October 18, 2006," added their son, Kenneth Roberson.

And in their opinion, they never will.

"I mean, you convict somebody and then dismiss it," said Leon Roberson, Jr., son of t he victims.

For the couple's family, it is baffling, but prosecutors tell us after reviewing the case further, it was the right thing to do.

"Upon conclusion of that review, it was determined that the convictions for criminally negligent homicide were not sustainable," said Harris County Assistant District Attorney Roger Bridgewater.

But he wouldn't elaborate.

Gonzalez's attorney says it all came down to eyewitness statements which, after almost 3 years, he just learned about. And according to those statements, Gonzalez was speeding and the Robersons failed to yield. Both parties are to blame.

"It wasn't a criminal case," said defense attorney Todd Overstreet. "It was an accident involving two vehicles."

But Overstreet admits it may be hard to feel sorry for his client. He's had at least a dozen arrests since the late 80s on charges of DWI, assault and theft and is currently charged with drug possession. He believes all of that played a role in filing the initial charges.

"I think they then took the position that he did do something criminal because he's a criminal," he said.Overstreet.

The victims' children believe that's exactly why Gonzalez shouldn't have been on the road in the first place.

Since the criminal case is being dismissed, the victims' family is now considering a possible civil case, although they say that's not what their parents were about. As for the drug charge, Gonzalez was arrested back on September 11 for possession of a controlled substance, a state jail felony. He was in court Friday morning, where he learned his case was reset for November. He's currently out on bond.

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