SMITH COUNTY, Texas — A Bulverde man who was convicted of criminally negligent homicide in connection with the May 2016 death of a Tyler woman has been granted a new punishment hearing.
According to the 12th Court of Appeals in Tyler, on Wednesday, June 19, the court ordered the 10-year sentence James Fulton, 43, received be reversed and his case be sent to a trial court for a new punishment hearing.
Fulton was sentenced on December 1, 2017, for the death of 20-year-old Haile Dawn Beasley.
On May 14, 2016, Fulton was driving his pickup truck on Grande Boulevard in Tyler when he failed to navigate a curve, crossed a double-yellow line and hit Beasley's vehicle head-on. Beasley was pronounced dead at the scene.
Fulton admitted to officers on scene he drank a beer at dinner prior to the accident. After issuing field sobriety tests, police determined Fulton was not intoxicated at the time of the crash. He was released from the scene and was later issued a citation for failing to maintain a single lane.
The 12th Court of Appeals stated in their opinion "there was error in the judgement of the [241st District] court" when he was given his sentence.
Fulton raised three issues in his appeal:
- Sufficiency of the evidence
- Ineffective assistance of counsel
- Juror bias
The court overruled Fulton's first and third issues (sufficiency of the evidence and juror bias) and sustained his second issue (ineffective assistance of counsel). The sustaining of the second issue ultimately led to the court ordering the reversal of the punishment and a new punishment trial.
To see the full opinion of the court, click here.
