Stephen Dario Rodriguez, 30, is accused of being at fault when he was involved in the fiery death of a motorcyclist early on New Year's Day. His blood alcohol level at the hospital was .42, almost five times the legal limit, authorities said.
Around 3:40 a.m., 24-year-old James Lynn Hubbs was riding his motorcycle on Genoa Red Bluff near Space Center Boulevard when Rodriguez, allegedly driving a small, four-door car, turned in front of him. The crash caused both vehicles to spin and catch fire.
"His family can go home and hug him, and he can heal. My brother won't be able to heal," said Shannon Hubbs, the victim's older sister. "My brother won't get to raise his daughter. My brother does not get to hug his mom and dad anymore, and I don't get to hug my brother."
Hubbs was pronounced dead at the scene and laid to rest Monday.
Rodriguez was initially charged with driving while intoxicated. However, during a probable cause hearing, the magistrate judge found that no probable cause existed.
"When the charges were dropped, I can not even fathom the anger that came out of me," said Shannon.
Rodriquez, who was in the hospital at the time, would no longer be under police custody. That changed Tuesday morning.
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"We presented to the Grand Jury and a true bill was returned," said Harris County Prosecutor Sean Teare.
Teare says one of the tools available to prosecutors, if no initial probable cause was found by the magistrate judge, is a grand jury and that is what his office did.
"We have to wait for an investigation to be completed, but more charges are possible," said Teare.
The charge of felony murder is a possibility pending the outcome of a full investigation.
Rodriguez is now charged with felony DWI.
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