ONLY ON 13: Victim's family fights release of suspect in deadly drunk driving wreck

CYPRESS, TX (KTRK) -- The Texas Board of Pardons and Paroles is deciding whether to release a man convicted in the drunk driving death of a woman from Cypress.

Thomas Christopher Boyd was three times the legal limit when he drove drunk, killing Krysta Rodriguez in 2010.

"The loss of our daughter is in our minds every single day," said her father, Mark Rodriguez.

Krysta was just 22 years old. She wanted to be a teacher. Boyd was convicted of intoxication manslaughter and given eight years in prison. He's served five of that and is now coming up annually for parole.

"Families shouldn't have to go through this every year," Rodriguez said.

Under the law, intoxication manslaughter is not considered a violent offense like rape or murder. Those cases can be set off for up to five years by the parole board.

But Krysta's mother says the autopsy report on Krysta proves her death was violent.

"It brought us to our knees to know what she suffered in those moments of her death," said Terri Rodriguez.

City of Houston victim's advocate Andy Kahan plans to propose legislation which will change that, allowing the parole board discretion in intoxication manslaughter cases too.

"Not a mandate, just discretion, so they don't have to review these cases every year," said Kahan.

Kahan wants the families of those hurt or killed to have more time between parole hearings so they don't have to endure the pain of those crimes as often.

"It's gut wrenching. It just doesn't make any sense to me," said Mark Rodriguez.

He started a group called "Krysta's Karing Angels" following his daughter's death, a way to spread an anti-drunk driving message.

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Boyd's attorney, Brant Mayr, says allowing the parole board more discretion in deciding how often to hold parole hearings for these types of cases could do a disservice to those who might come out of prison rehabilitated.

"I just think that there's varying circumstances you've got to allow that flexibility," said Mayr.

The family is hoping to hear a decision on Boyd's parole in the next week or so. We will keep you updated.
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