A judge in Gilmer sentenced Breanna Rena Simmons to 15 years in prison last week after she pleaded guilty to three counts of being intoxicated when she had a car crash that severely injured her three children, said Upshur County District Attorney Billy Byrd.
Simmons, 32, of Gilmer, was sentenced Nov. 12 by 115th District Judge Dean Fowler to five years on each count, said Byrd. The charge was “intoxication assault with a vehicle with deadly weapon; driving while intoxicated with child passenger with deadly weapon,” he added.
Byrd, who represented the state at sentencing, gave these details of the case:
Simmons was “heavily intoxicated” when she crashed her sport utility vehicle into a tree on rural Turkey Road about 5:51 p.m. March 29. The children, all under age 15, included a 3-year-old who was “completely unrestrained. There was no child car seat or booster seat” in the vehicle.
All the children were taken to a hospital with severe injuries and, about three hours after the crash, Simmons’ blood alcohol level was 0.18 (eight is legally drunk in Texas).
Investigation showed the vehicle’s speedometer was locked at approximately 64 miles per hour on a road with a 25 m.p.h. speed limit.
“The force of the impact with the tree caused the engine to be thrown from the vehicle and into the ditch on the opposite side of the road from the point of impact.” A witness who resides on Turkey Road said “Simmons ‘flew by’ in a red SUV going north on Turkey Road, turned around, and then came flying by again.”
Fowler stacked the three 5-year sentences, rather than letting them run concurrently, on a crime which has a punishment range of 2-10 years per count. Simmons, who was represented by Gilmer attorney Matthew Patton, must serve at least half the 15 years, day for day, before becoming eligible for parole.
Byrd said the children will be all right and are now in their grandmother’s care. He thanked the Texas Highway Patrol, especially Trooper James Payne, “for thoroughly investigating this case.”
- By Phillip Williams