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Updated: 6:47 PM Dec 18, 2009
Driver Arrested for Aggie's Northgate Garage Death
Passenger in Truck No-Billed by Grand Jury More than nine months after an incident that took the life of an Aggie student at the parking garage in College Station's Northgate district, an indictment and arrest have been made.
Posted: 10:14 AM Dec 18, 2009Reporter: Steve Fullhart Email Address: fullhart@kbtx.com |
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More than nine months after an incident that took the life of an Aggie student at the parking garage in College Station's Northgate district, an indictment and arrest have been made.
Alma Martinez-Cooley, 26, has been charged with criminally negligent homicide in the death of Lindsay Walters. A grand jury issued a direct indictment of Martinez-Cooley Thursday. She turned herself in Friday morning. Bond was set at $10,000, and she bonded out an hour after her confinement.
KBTX Note:
News 3 was aware of this indictment and the pending arrest Thursday, but for reasons pertaining to the nature of the indictment, did not run the story until an arrest was made. It isn't until an arrest takes place that a direct indictment becomes public record, according to the District Attorney's Office. News 3 was asked by the family of Lindsay Walters not to run the story until the arrest was made. KBTX chose to honor the request.
According to authorities, Martinez-Cooley was behind the wheel of a pickup in the garage on College Main early on March 1, a truck carrying five passengers. Police say that truck sped through a pedestrian area near a pay station, hitting three people.
Walters, 21, was killed on impact as she and her friend, Rachael Rahn, waited to pay for parking. Rahn, 22, suffered serious injuries, but survived. A third victim was hospitalized, but later released.
Martinez-Cooley's attorney, Jim James, said he was still reviewing the indictment, and did not have a comment on the situation.
A grand jury no-billed Michael Cooley, one of the passengers. According to an affidavit for a search warrant for Cooley's blood obtained and first reported by News 3, he was the middle seat passenger in the cab of the pickup. The working theory by authorities at the time was that Michael Cooley may have pushed the gas pedal from his seat.
Martinez-Cooley was the designated driver according to the report, which also stated Michael Cooley and others in the group had been drinking at multiple locations throughout the evening.
In the aftermath of the crash, detectives interviewed Martinez-Cooley and Michael Cooley. Martinez-Cooley was made to take a field sobriety test, but only showed one possible clue of intoxication out of a possible 14.
Authorities say they were "overwhelmed" by the smell of alcohol on Michael Cooley when they spoke to him. "Cooley's eyes were bloodshot and glassy and his face was flushed," the report reads. "Cooley's speech was slightly slurred and slow at times."
Read the report for yourself by clicking the link above this story. WARNING: Some graphic content.
Michael Cooley told authorities that Martinez-Cooley brought the truck down from an upper level of the garage to the ground level while he and others paid. When they got in the truck, Michael Cooley told police the truck's tires began spinning without the truck moving. He then said the truck "took off," with Martinez-Cooley attempting to get it under control. She was "scared and freaked out," Michael Cooley is reported to have said.
Michael Cooley reportedly added, "I know that we injured people. The only thing that I kept thinking in my head was that something must have hit the gas pedal, something must have gotten stuck in the pedal."
Police asked Michael Cooley if, as he was straddling the hump in the center of the truck's cab, he might have hit the gas pedal.
"At first I was scared about that but I was...the longer I was thinking about that, I was like, what if that happened...but like I said if it happened I would have heard the engine stuck revving," he said, adding that he didn't think his feet could have reached the pedal. He said he was not buckled into his seat.
A warrant for a forced blood draw was signed for Michael Cooley at 10:40 a.m., more than eight hours after the incident. When that blood draw took place is not known, only that it happened later on March 1.
Medical experts have told News 3 that Cooley's blood alcohol level would have had to have been well above the legal limit for a test conducted that far after the incident to provide results still over the limit, rendering those results all-but-useless in court.
Before speaking with police, a CSPD sergeant is noted in the report as walking by Michael Cooley and another occupant of the truck.
"What am I going to do if they want to charge me with this," one of the men was heard saying, as stated in the report.
The other reportedly responded, "Well man, if they are going to do that...don't sign it and ask for an attorney."
Cooley and Martinez were married in Brazos County by Judge Ramiro Quintero six days after the accident. By law, spouses do not have to testify against each other in court.
Martinez-Cooley is being sued by Rahn in civil court. Rahn claims negligence for Martinez-Cooley's alleged failure to control the truck.
According to the warrant for blood, surveillance footage shows Rahn attempting to push Walters out of the way. Rahn was bent backwards by the impact, according to the report of what the footage shows. Walters disappears from the view of the camera, her body ending up in the middle of the road.
Walters was a fifth-year student originally from the Georgetown area studying accounting at the Mays Business School. Her parents received a posthumous degree on her behalf earlier this year. A scholarship in her name is now endowed through Mays.
Latest Comments
Amanda, there wouldn't be another "family hurting as well" if this reckless negligence didn't happen. Have you read the affadavit? Alma's truck hit the first young woman throwing her across the street, then struck Lindsay throwing her in the middle of the street and running over her, then hit two cement barriers,a metal trash can and finally a parked car. Does that "happen to anyone?" Do you hear of it often?She got married because her lawyer advised her to so they wouldn't have to testify against each other, that's the truth.Responsible adults admit to what they did, take the punishment,express their sorrow and pray for forgiveness. Tell your friends that. Your heart should be "hurting" for the woman who killed and the people injured.
To: Two sunshines: Alma "accidently"" KILLED someone, you seriously think she should just walk away and say "she meant no harm at all." Are you taking drugs? The real world does not work like that.I bet if she "accidently" killed your daughter you would feel very different. How about all the pain and suffering she has caused two other people, much less their medical bills. You people who write absurd things are either horribly immature or terribly misinformed. Bottom line, she killed someone and critically injured two other people, she must admit to what she did, accidently or not, and take the punishment. It is terrible for her I am sure, but that is her life now. PS. So sorry she had a "beautiful wedding" planned before she "accidently" KILLED someone,that must of been dissappointing for her. Did you know she got married one day after Lindsay was buried and two other people laid in an intensive care unit?
I have had the prilvage to know Alma.I have never in my life seen her torn up by this.She used to be a bright young piece of sunshine that shined through everyone. Now she devestaed.I know she did not do this on purpose its called a accident for a reason.No matter the innonce Alma has others want to replace Linsday innocent life by finding someone to pay for this. Going out for blood is wrong.2 wrongs dont make a right. They got married because they had a beautiful wedding planned which was cancelled all because of this. Although my heart goes out to Lindsay family. Rememember if Lindsay was as kind and sweet and a true christian as everyone says, don't you think she would know IT WAS A ACCIDENT and the she would know that Alma meant no harm at all?Alma is not Jesus she should not have to pay anybody in her innocent.That is Jesus responsibility not Alma's.
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