Donald Couthren II was 45 years old when he was arrested. At the age of 52, he starts serving a six year sentence for his third DWI conviction.
Couthren was arrested in June 2012. But he was not indicted until April of 2015. In May 2016, he was found guilty by a Brazos County district court jury and the judge issued the prison sentence and denied probation.
Couthren immediately appealed. His motion for a new trial was denied twice.
But district attorney Jarvis Parsons says the court of criminal appeals sided with Couthren that striking the victim with the vehicle did not constitute use of a deadly weapon.
Parsons says that means Couthren is not required to serve half his sentence…three years…before becoming eligible for parole.
Couthren was out of jail on bond for all but two days since his arrest.
The jury reached its decisions never having heard Couthren’s blood alcohol level was point .270, which is more than three times the legal limit.
That’s because Couthren did not give permission and a judge did not issue a warrant for the blood draw. While that was allowed at the time of the arrest, it was unconstitutional at the time of Couthren’s trial.
The victim did not recall striking the windshield of Couthren’s vehicle while walking along the freeway service road near Tabor Road.
The victim woke up in the hospital with a leg that was broken in two places, six broken ribs, and a possible concussion and neck injury.