New legal battle for mom charged in death of son's prom date

HOUSTON (KTRK) -- There are more legal battles for the Houston mother accused in the death of her son's prom date. The victim's family is now suing, claiming Melissa Martinez and Eddie Herrera caused their daughter's death.

Martinez was back in court Tuesday for her criminal case. But now a civil case hangs over her head.

Martinez, 40, faces two felonies and one misdemeanor charge for allegedly providing alcohol and hydrocodone to her son, Eddie Herrera, 18, and his prom date, Jackie Gomez, 17.

The day after the MacArthur High School prom, on May 17, 2014, Gomez was found dead in a hotel room.

Yesterday, Gomez's family filed a civil lawsuit against both Martinez and Herrera. They are seeking between $200,000 and $1 million in compensation for funeral and burial costs along with grief and mental anguish the family has suffered since Jackie died.

We talked to Martinez's lawyer, who told us about the civil case and what happens next in the criminal case.

"I anticipate there will be other lawyers who will be involved in this," said attorney David Mitcham. "I intend to resolve these issues in an expeditious manner and to make the facts come out and that justice is done."

Martinez faces 3 charges -- two felony charges of delivery of a controlled substance, the hydrocodone and one misdemeanor charge of providing alcohol to a minor.

Her criminal case has been rescheduled for May 13.
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