SMITH COUNTY — The defense attorney for the woman who killed two people on Toll 49 urged the jury to recommend probation as her punishment in his closing arguments, while the prosecutor urged them not to forget the victims.
Jessica Lauren Vass, 36, testified Wednesday in the sentencing phase of her intoxication manslaughter trial for killing Gary McCrary, 62, of Flint, and Annette Burkhart, 56, of Garland, who were working to change a flat tire on Toll 49, north of Texas Highway 64, in Smith County.
Vass pleaded guilty Monday to the charges and elected to have a jury decide on her punishment. Testimony began Tuesday and ended Wednesday.
Vass faced from two to 20 years in prison and up to a $10,000 fine for the second-degree felony charges, but could be given deferred adjudication or probation because she has no previous felony convictions.
Vass and Burkhart's daughter, Jennifer Le, hugged held hands and talked extensively when court went into recess and the jury went into deliberations. The women cried, prayed and talked in the front row of the courtroom.
Vass' attorney, Brett Harrison, was emotional while he addressed the jury even saying he was scared because he may have not done enough to show Vass' good character or honor the memories of Burkhart or McCrary.
"Nothing good came from this," Harrison said. "Nothing good happened for these families, but something good may come from this sentence."
Harrison said with a sentence of probation, Vass is in a position to tell her story and deter others from drunken driving.
"Good people carry guilt and shame," Harrison said. "She (Vass) is carrying that as she should."
He also insisted that Vass was punishing herself for her actions every single day.
Harrison urged the jury to consider Vass' pre-trial probation efforts, attending Alcoholics Anonymous, voluntarily going to a rehabilitation program, volunteering to have a portable alcohol detector for her person and her car and never failing a urinalysis test.
Smith County Assistant District Attorney Jeff Bullock's statement to the jury focused on unusual the case is and how he agreed with all the evidence in the case and believed all the defense witnesses and personally knew many of them.
"The problem in this case is I believe all of the evidence from both sides," he said. "I believe Ms. Vass' testimony."
Bullock went on to say that the crime in question is not one of malice, but a decision that ended with the worst consequences. He also urged the jurors to remember McCrary and Burkhart and their families.
"You all are the voices of this community and whatever sentence you render the system did what it was supposed to do," Bullock said. "What we can ask of you is that you remember those victims, remember what happened to them. Remember their family members and who was left behind."
Court went into recess shortly before 11 a.m. when the jury was sent to deliberate.
A reporter is in the courtroom.
This story will be updated when more information is available.
