Nicole Baukus

Background

Nicole Baukus was charged after a wrong-way crash in which two teenagers died and another passenger was seriously injured.

Baukus had a history that included being a minor in possession of alcohol and assault, and she also had previous car accidents on her record.

She testified that she had no memory of driving that night and sobbed as she told jurors she had no memory of driving. She also told the jury that she had written a suicide note and had considered killing herself after the fatal crash.

Baukus testified that she often bought marijuana from her brother. Prosecutors also introduced evidence including a text message on Baukus' cell phone from her friend asking for Valium. Baukus’ defense narrative included an assertion that she had been drugged and was not in control of herself at the time of the crash; that line of defense was dropped when she changed her plea to guilty on the fourth day of the trial.

A jailhouse recording was played in which Baukus' dad Russell told her an attorney was in the process of taking care of her Facebook page; within hours of the crash the page was deleted, but prosecutors said they salvaged pictures and posts.

The offence

Around early morning June 29, 2012, Baukus drove the wrong way on I-45. She entered the freeway in the southbound lanes after entering on the Research Forest exit ramp, and at some points her taillights were caught on TranStar video.

Her vehicle proceeded in the wrong direction and then accelerated to approximately 65 mph, cutting in front of the path of another vehicle.

Baukus then crashed head-on into a Chevy Aveo containing three young adults on their way home. Nicole Adams, 19, and Travis Saunders, 18, died in the crash. David Porras, who was 21 at the time, survived with severe injuries.

The crash happened at around 3 a.m., when Baukus slammed into another car killing the driver and the backseat passenger in a head-on collision.

Investigation

A toxicology test showed Baukus' blood alcohol level was .30, which was described as nearly four times the legal limit of .08. Blood was drawn at 4:20 a.m. and the blood alcohol level tested at .265, and another test at 5:34 a.m. read .204. A toxicology lab manager for the Houston Police Department calculated that at the time of the crash her blood alcohol level was probably closer to .3. Forty-three nanograms of diazepam (Valium) were found in her blood; a doctor did not prescribe it.

After the crash, Baukus was found to have marijuana and valium in her system, and police found a glass drug pipe in her pick up truck.

Prosecutors showed video and surveillance footage. Surveillance video in a Montgomery County bar showed Baukus consuming 21 alcoholic drinks, then stumbling to her pick up truck and driving away. Cameras on the freeway also caught Baukus driving the wrong way on I-45.

At her vehicular manslaughter trial, prosecutors played evidence including emergency calls from other drivers who reported seeing a pickup truck traveling the wrong way.

District Court Judge Michael T. Seiler warned Baukus not to repeat disruptive behavior when she broke down in court so much that a 10 minute recess was called.

Arrest

After the crash, Baukus was found on the passenger side of her truck outside of it being treated by medics. Officer Todd Schmaltz found Baukus leaning against the passenger side of her F-150, with her left foot bleeding and the shoe and sock missing. Baukus told him that a man had been driving but that she did not know where he was or even his name.

Baukus' story changed when medics arrived and she admitted driving the vehicle. She consented to a blood draw at Memorial Hermann in the Woodlands. She was released hours later and booked into the Montgomery County Jail.

Trial

Baukus pleaded not guilty initially and faced a trial that included four days of proceedings.

During the first day of trial, the charges read to the jury were two counts of Intoxication Manslaughter and one count of Intoxication Assault, with a clause that a vehicle could be considered a deadly weapon. If proven true, prosecutors said Baukus would be required to do half of her time before she would be eligible for parole.

Assistant District Attorneys Warren Diepraam and Andrew James prosecuted. Defense attorney Michael McDougal represented Baukus in the proceedings.

During closing arguments, Prosecutor Warren Diepraam told the jurors: "She wants you to believe she doesn't remember a thing, but she had enough snap to tell the police officers she wasn't driving. She had enough snap to tell a buddy she was pulled over throwing up,"

A friend testified that in the last phone conversation before the fatal crash Baukus told him she was "on the side of the road throwing up on herself". The friend also testified that the statement was made minutes before the fatal crash.

Prosecutors called Baukus an "overindulgent party girl" and said she was a sometimes "drug dealer."

In closing arguments, Prosecutor Andrew James told the jury: "The best thing for this community is to get her out of it. Keep her out of it as long as possible. When you do what she did you won't get to go home,"

Baukus told jurors: "I don’t deserve to be here. I should have died in that crash also. ‘They did not deserve to die. I did. They were innocent.’

Baukus also said: "I don’t deserve to be here. I should have died in that crash. They were innocent. I wasn't".

Baukus testified that a few months ago she wrote a suicide note and planned to kill herself. She cried on the stand as she told jurors she did not deserve to be there and that she should have died in the crash.

Baukus testified that she could understand the pain of the loved ones of the teens she killed.

The jury heard testimony from medical and crash investigation witnesses. A Department of Public Safety Trooper explained how the black box in the truck would sense whether or not a passenger was in the seat and would deploy the airbag based on that. Other expert testimony included DNA testing and discussion of probabilities for matching Baukus’ blood.

Dr. Field, a general surgeon at Hermann Memorial, testified about injuries treated on both Baukus and Porras, including Porras' upper jaw and dental injuries and Baukus' fractures in her foot and other abrasions. Dr. Field testified that Baukus was laughing and he believed she was unaware of what had happened, until he told her she had killed two people and seriously injured another.

Jurors heard testimony from Officer Schmaltz. The Houston crash investigator told the court he had gone on two dates with Baukus, including to dinner just before she went to that bar and started drinking for about five hours.

When prosecutors asked the Houston officer about text messages between him and Baukus regarding her drinking and drugging, he said: "Yes, she texted saying she drinks a lot, almost every night and on the weekends."

He testified that he initially did not know Baukus was referring to using marijuana in a message about smoking marijuana.

Jurors also heard testimony from witnesses including Arnes Buchanan, Huey Mackay, and Keeleigh Mackay, who made a 911 call, described the wrong-way vehicle, and reported seeing the impact and seeking help.

Plea change

On the fourth day of trial, Baukus changed her plea to guilty and elected to allow a jury to decide upon punishment.

Sentencing

On August 2, 2013, Baukus was sentenced to 38 years in prison.

In discussion leading up to sentencing, it was stated that Baukus could be sentenced to as little as two years probation or as much as fifty years in prison, and that the judge had power to stack the sentences.

Appeals

No appeal information was provided.

Outcome

Baukus was sentenced to 38 years in prison on August 2, 2013.

Fred Saunders, the father of victim Travis Saunders, testified in the sentencing-related coverage. Saunders said: "I want my son back. I know that can't happen. I still have his picture on my sun visor in my car. I still think about him and cry. I don't think she's a monster. I think she's a party girl,"

Aftermath

A settlement was described in coverage: a court was told in April that a $1 million settlement had been reached in a separate case for David Porras and the estate of Nicole Adams and Travis Saunders. Porras had 13 operations since the accident and had no teeth in his upper jaw after the bone was smashed when he hit the dashboard.

During the proceedings, evidence included claims that the bar violated the Texas Dram Shop Liability Act by serving an obviously intoxicated adult.

A Texas Alcoholic Beverage Commission agent testified about drinks and timeline, including that the bar agreed to a settlement and that a tray of shooters was seen being delivered to her table just after midnight in violation of Texas commission rules. The agent testified: "Only two open beverages can be sold to one customer at a time,"