Man charged with felony DWI after crash with Harris County deputy kills child passenger: Court docs

Updated 1 hour ago
HARRIS COUNTY, Texas (KTRK) -- A man was charged with felony DWI after a crash involving a sheriff's deputy in northwest Harris County left a child passenger dead, court records show.

PREVIOUS REPORT: Child killed in suspected intoxicated driver crash with Harris County Sheriff's deputy, HCSO says

According to the Harris County Sheriff's Office, a deputy's vehicle, which was reportedly en route to an active call, and a Toyota truck collided near the intersection of TC Jester Boulevard and Tomlinson Trail at about 12:40 a.m. on Sunday.

Officials said the 9-year-old child was in the front passenger seat of the Toyota without a seatbelt when they were ejected during the crash. The deputy involved in the crash gave the child CPR at the scene before the child was hospitalized and later pronounced dead, investigators said.

HCSO said the Toyota driver, described as a man in his 50s or 60s, showed signs of intoxication. According to court documents obtained by ABC13 on Monday, Javier Gutierrez was identified as the driver and was charged with driving while intoxicated with a child passenger.



Authorities said the crash was not serious enough to cause a death, and that the child would have survived had they been wearing a seatbelt. The relationship between Gutierrez and the child was not revealed by officials.

Court records state that the ongoing investigation may lead to a higher charge being filed for Gutierrez.

The sheriff's office said the deputy had a clinician in the passenger seat. Both the deputy and clinician were taken to the hospital for minor injuries, HCSO said.

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