Widow suing alleged drunk driver's employer after fatal DWI crash in Harris County

Jessica Willey Image
Saturday, May 5, 2018
Widow suing alleged drunk driver's employer after fatal DWI crash
Widow suing alleged drunk driver's employer in fatal DWI crash.

CYPRESS, Texas (KTRK) -- A woman left widowed by a crash caused by a repeat drunk driver is now going after that driver's employer in court.

Mishann Childers and her family are suing not only Owen McNett, 45, but also the company he was working for at the time of the crash that killed Wayne Childers.

Wayne was a husband and father of four children.

"He took care of his family, his parents, his sisters. If you asked him for anything, he'd give it to you," said Mishann, Wayne's widow.

She says there's not a moment she does not think about him.

In February, the Harris County Sheriff's Office said McNett was intoxicated when he ran a stop sign at Telge and Boudreaux in northwest Harris County and hit Childers' car as he was driving through the intersection. McNett was on parole. He had been convicted of three felony DWIs and he was driving his company truck.

"We don't want this to happen to anyone else so that's why we're doing this. He should have never have been driving," said Mishann.

RELATED: Repeat DWI offender facing murder charges in deadly wreckk

Owen McNett is facing murder charges after investigators said he killed a man while driving drunk.

She and her family are suing McNett's employer, Water District Management.

"He had a criminal record that proved to this company, had they done their due diligence, that he couldn't follow the rules," said Childers' attorney Lance Walters. "Yet, they either ignored it or stuck their head in the sand and as a result, tragedy. If it wasn't going to be Wayne Childers, it was going to be someone else."

In a court-filed answer, the company denied all allegations, in part saying they are not responsible for the conduct of McNett, a third party. Their attorney, Will Moye, referred Eyewitness News to that denial and declined further comment.

Mishann has never spoken publicly before.

"It's a problem so even though it's early and very raw to me, it feels like I need to say something," she said.

In two weeks, she and her husband would have celebrated their 27th wedding anniversary.

"This happened to us and my husband and I don't want people to forget that," she added.

McNett is charged with felony murder. A judge denied bond.

An arraignment is scheduled for Tuesday.