A 25-year-old Peñitas man is expected to spend a decade in prison for a fatal crash more than two years ago that killed a 24-year-old man.
David Simon Cavazos, who reached a plea deal with prosecutors, pleaded guilty Wednesday to a charge of intoxication manslaughter with a vehicle and two counts of intoxication assault causing serious bodily injury, court records indicate.
The crash happened on Dec. 11, 2020, after Cavazos, who had been drinking, was speeding and blowing stop signs before hitting a pedestrian and rolling his vehicle, ejecting all of its occupants.
The crash, which sent Cavazos to the hospital as well, happened at around 6:36 p.m. that day on Washington Palm Drive and FM 2221 in Peñitas.
The Texas Department of Public Safety, which investigated the crash, determined that a 1996 white GMC truck driven by Cavazos had been traveling north on Washington Palm Drive when it approached the intersection of FM 2221.
“The driver of the vehicle disregarded the stop sign, and as the vehicle traveled through the intersection it went airborne. The front of the vehicle struck the asphalt as it came down on the roadway on Washington Palm Dr., north of FM 2221, causing gouge marks,” the affidavit stated.
Cavazos continued northbound on Washington Palm Drive and hit a woman walking on the northbound edge of the road.
When he tried to re-enter the roadway, he traveled into a right skid across Washington Palm Drive and rolled the vehicle.
“All of the occupants of the vehicle were ejected from it as it rolled,” a probable cause affidavit stated.
Marco Mendoza, a 24-year-old passenger, died at the scene while Cavazos and another passenger were transported to DHR in Edinburg. The pedestrian and another occupant were transported to McAllen Medical Center.
While at the hospital for a follow-up investigation, a trooper noted Cavazos had bloodshot eyes, a slight odor of alcohol and said he thought he had been drinking.
Cavazos’ brother, who was in the vehicle, also said they had been drinking and the man’s father and sister corroborated that with DPS.
“At the scene there were beer bottles and cans observed. Some had been ejected during the rolling of the vehicle,” the affidavit stated.
As part of the plea deal, Cavazos will be sentenced to 10 years on each of the charges he pleaded guilty to. The sentences will run concurrent, court documents indicate.
Prosecutors have agreed to drop a count of intoxication assault with a vehicle aggravated assault with a deadly weapon at sentencing.
He will also receive credit for the two-and-a-half years he has spent in the Hidalgo County Adult Detention Center, where he has remained since his arrest.
