Posted on
Tuesday, September 30, 2008
Tuesday, September 30, 2008
Man Indicted on 2 Counts of Intoxicated Manslaughter
A 23-year-old Tyler man was released from the Smith County Jail Saturday after he was indicted for two counts of intoxicated manslaughter for an alleged July 4 drunken driving crash.
Darvin Lavel Jackson was indicted Sept. 11 on the two second-degree felony charges, for which he could face two to 20 years in prison if convicted. He was arrested July 5 and released from jail on Saturday, county records show.
Dan Mack Spivey, 71, of Winona was killed shortly after 10 p.m. when the Harley Davidson motorcycle he was driving was struck from behind by a 1997 Honda car driven by Jackson.
Spivey's passenger, 63-year-old Cheryl Carper Dehring of Winona sustained head injuries from the crash and was transported to a Tyler hospital, where she later died.According to an initial crash report by Texas Department of Public trooper Sandy Taylor, the motorcycle was traveling southbound on U.S. Highway 271 one mile south of Gladewater when Jackson, who "failed to maintain speed," allegedly crashed into the back of Spivey's motorcycle. After the initial impact, the motorcycle and car continued to travel southbound for 200 yards before coming to a stop. Neither Spivey nor his passenger were wearing helmets, Taylor reported.
Spivey was pronounced dead at the scene by Smith County Justice of the Peace precinct 4 Judge Mitch Shamburger.
Jackson was arrested and charged with intoxicated manslaughter, failure to maintain financial responsibility (driving without insurance), failure to appear and speeding.
According to Smith County records, Jackson was arrested March 24, 2007 and Feb. 10, 2008 for misdemeanor public intoxication.
A Smith County grand jury returned 12 additional indictments Sept. 11 in 114th District Judge Cynthia Stevens Kent's court. The true bills, released on Monday, include:

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