Montgomery County deputy 'failed to control speed' in crash that killed fellow colleague: DPS

CONROE, Texas (KTRK) -- A crash report obtained by Eyewitness News Thursday indicates a Montgomery County sheriff's deputy "failed to control speed" when he crashed into an 18-wheeler in February, killing a fellow deputy.

The impact caused Deputy James Francis' county-issued SUV to roll over. Deputy Charles Rivette, who worked for the sheriff's office for 18 years, was flung from the passenger's seat and run over by another vehicle. The initial collision sparked a chain reaction that eventually involved a total of five vehicles.

The crash occurred Feb. 21 on I-45 in Centerville, about 115 miles north of Houston. Francis and Rivette were escorting a prisoner from Oklahoma to Montgomery County at the time.

No criminal charges have been filed in connection with the crash, and Francis hasn't been issued a citation for speeding.

DPS told Eyewitness News that the crash is still under investigation and that whether or not to issue a citation is up to the discretion of the investigating trooper.

The Montgomery County Sheriff's Office told Eyewitness News it hadn't been given the opportunity to view the report, which Eyewitness News subsequently provided.

Attorney Brent Mayr, who's tried cases involving crashes, said that even if Francis is found to be negligent, investigators would have to find extreme negligence to warrant criminal charges.

"The term the law uses is grossly deviating from what an ordinary person would do under the circumstances. People speed on a regular basis," Mayr said.

Were Francis to ultimately be issued a citation, Mayr said that would likely come once the investigation concludes.

"Once they have said, 'We've learned everything that there is to know about this,' at the end it, that may be all that happens, that a citation is issued," he said.

The crash report lists the posted speed limit as 75 miles per hour but doesn't say how fast Francis was driving.

It also notes that he wasn't tested for alcohol or drugs. Mayr said these tests are commonly performed after fatal crashes but not always.

"I think in this particular case, they did not ask for a sample because they really had no reason to even suspect that impairment was an issue," he said.

The sheriff's office said an internal investigation is also underway and that Francis remains off-duty on workers' comp.

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