Repeat DWI Offender Kills Motorcyclist — Judge Delivers FULL 50-Year Sentence

[00:00:00] Speaker 1: I would probably be to. Mr. Lewis, Christopher James, Mr. Roja, I mean, Mr. Nichols. [00:00:18] Speaker 2: Mr. James. [00:00:32] Speaker 3: Good morning, are you Christopher James? Yes, ma'am. And Mr. James was previously in court, entered a plea of guilty to the first-degree felony offense of intoxication manslaughter with a vehicle. I've received a pre-sentence report and also a supplemental memorandum from probation that includes several letters from the victim's family members. Has everyone had an opportunity to review all of that? [00:01:25] Speaker 4: Yes, ma'am. Yes, we have, Your Honor. [00:01:27] Speaker 3: Are there any additions or corrections to that pre-sentence report? [00:01:31] Speaker 4: No, Your Honor, I just want to make the court aware that Mrs. Addison, the deceased's wife, would have been here today to do victim impact. She had to go to the hospital yesterday. She's able to tune in, I believe, and watch us. The rest of Mr. Addison's family is here and his mother is going to want to do victim impact at the end of sentencing, Your Honor. [00:01:49] Speaker 3: Okay, thank you, Mr. Nichols. Any witnesses with regard to sentencing? [00:01:54] Speaker 4: No additional witnesses, Your Honor. [00:01:55] Speaker 3: All right, Mr. Lewis, you may make argument. [00:01:58] Speaker 5: Okay. Judge, of course, this was a very tragic situation that has affected a lot of people. It was a situation where, you know, this was a combination of a long substance abuse history of Mr. James. Um, the assessment that's provided in the PSI here says that there was about a 20-year, uh, relationship between Mr. James and different substances over a different, over a period of time. Um, we have, the one thing I can say is that once Mr. James went through this situation with his accident, he has been doing everything he can to try to better himself. Um, he has completed, got his high school diploma. Um, he's, uh, was baptized and has, has, um, definitely changed his, his ways and going to his faith and continuing in that regard. He's also got some different certifications that he was able to receive, you know, with OSHA, uh, I think it was Men's University, uh, things of that nature to try to better his self-judge. Um, now, it's no secret he does have a long-term history. Um, that even included, um, dealing with, with PCP was the same substance that was involved in this accident. Um, and, as well as, uh, you know, other, other serious, serious offenses. Um, I do want to address something as far as, I know there's some situations here dealing with the jail instances and I know how the court perceives or looks at the situation here dealing with, with those. Uh, Mr. James, if you look at these situations, the majority of them did come from situations involving him and other inmates as far as any type of fight or anything like that. Uh, which, unfortunately, unfortunately some things he can't avoid, um, but as far as anything dealing with being disrespectful or anything towards jail, uh, employees or things of that nature. There's one situation I think that they were talking about that it wasn't an actual write-up, uh, but it was notated. He has been a trustee over there for a period of time, uh, at the jail as well, uh, now I do want to point out that, of course, some of those situations that, that Mr. James was able to do to better himself, of course, could definitely increase his earning potential as far as what he has, as far as the, the job situation. Um, he does have, uh, uh, significant family support, his brother is here today in, in the courtroom, um, who, in any way is there to try to help him, including, helping secure employment, um, my understanding is the plan, um, once he is able to be released, it's true for him to be moved to Houston, Harris County area, to be close to the brother, to help, to help him with, with everything over there. Um, now they, um, PSI did have a recommendation for his different, uh, vehicle station that, uh, support that's available to him through the probation department. Um, um, I, what I will say is that everything that has been recommended, he definitely needs and will make, be better for him. Um, we are not, and ourselves are not asking for a specific number or anything like that. We just want him to be able to, be able to, of course, make amends for this situation as much as possible, um, which could include, well actually, which could include some of the, the restitution there. The restitution there, I think is, the amount is a hundred, over a hundred thousand dollars for his restitution there, um, to the family. Um, now, like I said, he, he has made a plan to try to better himself, uh, he has a family that supports him. He is doing everything he can. He understands that this was a tragic accident, the one he was definitely responsible for. And what we're asking for as much leniency as possible from the court, uh, for him to be able to move forward with the situation, be able to make amends as much as possible. Uh, and I think he had, he did provide a letter, uh, to the court as well to kind of speak to that as far as an apology letter. That was to the family, uh, his family, uh, the family of the victim as well as to the court, Judge. [00:07:16] Speaker 3: And I've received that. [00:07:17] Speaker 5: And so, and so that's what we're asking for today, Judge, is for everything to be considered. We understand this is, you know, you can't bring that person back. You can't, you can't just go back to make amends with Mr. Addison, but he wants to try to make as much of amends he can to society and do, and do better going forward. [00:07:41] Speaker 3: Thank you, Mr. Lewis. Mr. Nichols. [00:07:43] Speaker 4: Your Honor, I think any consideration Mr. James is due was given when he got a 50 year cap. I have no hesitation asking the court to exercise the full 50 years. This case is one of the worst intoxication manslaughter. It's on video where he plows into Mr. Addison, who's at a stoplight on a motorcycle. And while trying to get away, runs over him and the motorcycle again. Uh, it's horrific, Your Honor. Um, what is also just inconceivable to me is that a man who's on parole for several, uh, possessions of fin cycling, PCP, finds himself behind the wheel on PCP again. And this time it ends in the death of somebody. Uh, his criminal history is extensive. It involved, starts with minor drug offenses, then a conviction for aggravated robbery. And then the, uh, I believe it's five, uh, drug convictions all at the same time in 2020. For which he was quickly paroled out and on parole when this happened. The fact that he gets to make plans in his mind for a day he's set free, uh, I find rather offensive. And I think the Addison family finds offensive. They lost a son, a brother, a husband. There's no, nothing we can do in this courtroom makes that better. And sometimes the justice system is a poor substitute for what people lost. Um, I think the best we can do at this point is this man's been 50 years in prison where he cannot hurt anybody else due to his own selfish decisions, um, and continued use of substances. It's in the, it's in the pre-sentence report. He minimizes his, uh, own addiction, uh, his own dependency. He even claimed he did not know how he could have gotten PCP in a system the day this happened. That maybe he touched a bottle and it transferred through his skin. And I find that reprehensible, your honor. And that's why I'm asking the court for that full 50 years. [00:09:39] Speaker 3: All right. Thank you. So, Mr. James, um, a couple of things that Mr. Nichols didn't say that I think are also extremely important is this isn't your first driving while intoxicated. This is your third. And so you didn't learn in 06. You didn't learn in 2017. 2017, you got your second DWI. You were given probation. It was revoked. I appreciate that you entered a plea of guilty because for myself and for the family, I'm glad we didn't have to see what it looks like this would look like on a video because it is just horrible. And the fact that you are truly saying that you think you touched something and got PCP when you have had PCP cases over and over and over again and you're on parole for possession of a controlled substance and you kill someone. [00:10:55] Speaker 6: It's a nightmare. [00:10:56] Speaker 3: It's a nightmare. Sure, go ahead. [00:10:58] Speaker 6: Can I say something? Mm-hmm. It didn't happen. I've been cleaning for the entire time I was on parole. Okay. I stopped off at a friend's house and gave him some advice about what he was doing. And during that time, I did contact a bottle of fizz. Your Honor, I was not hired at that time at all. It was in your system. Yes, ma'am. If you know how to fight. [00:11:23] Speaker 3: At this time, based on your history, based on the nature of this offense, I'm going to find that you enter your plea of guilty freely and voluntarily. I'm going to find sufficient evidence to find you guilty and at this time find you guilty of intoxication and manslaughter. I'm going to sentence you to a term of 50 years in the Institutional Division of the Texas Department of Correction. There will be a deadly weapon finding based on the indictment alleges a deadly weapon. You will receive credit on this sentence for any time that you've been in custody that the law gives you the right to receive. I'm going to hand you the trial court certification that shows this was an agreement and I followed it and so you've waged your right to appeal. I have also handed you a written admonishment regarding your ineligibility to possess a firearm or ammunition. Because of the judgment entered against you, you're ineligible under Texas law to possess a firearm or ammunition. Possession of a firearm or ammunition could lead to charges against you. Firearm is a legal term and you should read the written admonishment I provided you to see what devices qualify as a firearm. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Mr. Lewis. There's really so many other things I could say about how horrible this is and rarely am I out of words, but I really don't have the words to say what a tragic circumstances based on your behavior this led to. Y'all can have a seat at the council table for the victim impact statement and we'll go off the record. Do you want me to leave it on for the other family member to hear? Good morning, are you Colton Armstrong? [00:13:19] Speaker 2: Yes, ma'am. [00:13:20] Speaker 3: And will your client waive the formal reading of the indictment? [00:13:24] Speaker 2: No way. [00:13:30] Speaker ?: One, two. [00:13:37] Speaker 3: Mr. Armstrong, in cause number 25, DCCR0002, you're charged with a state jail felony offense of theft of property from February 21st of 2024. Your indictment alleges that you were previously convicted of the state jail felony offense of driving while intoxicated with a child passenger, October 31st of 2022. Two cases on that same date of that same offense, making this a third degree felony punishment range. And how do you plead to that charge? [00:14:10] Speaker 2: Guilty. [00:14:10] Speaker 3: And are those two prior convictions true? Yes, ma'am. Did you enter your plea of guilty freely and voluntarily? Yes, ma'am. And did you plead guilty because you actually did what they've charged you with? Yes, ma'am. I have here on the tablet some documents that have your signature on them that the state has marked as exhibit number one. Before you signed these, did you go over them with Mr. Kimler? [00:14:30] Speaker 2: Yes, ma'am. [00:14:31] Speaker 3: Do you fully understand them? [00:14:33] Speaker 2: Yes, ma'am. [00:14:33] Speaker 3: And do you understand if I follow the agreement that you've made with the district attorney that you will be waiving or giving up any right to appeal? Yes, ma'am. And it looks like the agreement that you've reached is for a 10-year term in prison, but that would be probated. You'd be on probation for 10 years. There would not be a fine, but you would be ordered to pay restitution in the amount of $20,000. That's your understanding. Yes, ma'am. Do you also understand, excuse me, if you're not a U.S. citizen, that a plea of guilty or no contest may result in your deportation, exclusion from admission to the country, or denial of naturalization under federal law? Yes, ma'am. State tenor's number one. [00:15:10] Speaker 7: Without objection. [00:15:11] Speaker 3: It's admitted. Is there any evidence that Mr. Armstrong is not competent? There's none, none. All right, so I'm going to find that you entered your plea of guilty and true freely and voluntarily. Find that you're mentally competent and you understand the nature and the consequences of your plea. Find sufficient evidence to find you guilty. However, I'm going to resate your case so that the probation department can do a pre-sentence report. That'll give me more information about you, your case, and then we'll come back at a later date for sentencing. Ms. Malfino, what's the state's position with regard to bond? [00:15:40] Speaker 2: Judge, may I just put one thing on the record first before that? I'm going to come back first. Obviously, I was a little bit hesitant to make this offer based on those priors, and I just want Mr. Armstrong to be aware. I have relayed this through his attorney that if he does not pay this restitution back, I won't be asking for the minimum that I offered him today, 15 months. I'm going to ask for 10 years based on the opportunity that he's been given. I don't know that he doesn't have a hold in Hardin County. I'm not saying that disrespectfully. I just want him to be aware of what he's just gotten himself into before follows the PSI. So I don't know if he has any hold. I believe he does. I'm a little hesitant to allow him on bond before you review the PSI, but I'll defer what you think. [00:16:27] Speaker 3: It sounds like based on that, there is a hold from another county. [00:16:30] Speaker 7: I can't say that they put a hold on him. I don't know. I know he has pending cases in Hardin County. I can't speak to whether there's a detainer on him from Hardin County. [00:16:37] Speaker 2: And I've tried to reach out to Mr. Hopper over there and not so much. Join the club. Bruce. [00:16:47] Speaker 7: He does have a pregnant wife, your honor, and this will be fairly soon. 31 weeks. 31 weeks. I almost said 31 months. [00:16:59] Speaker 3: Oh, my gosh. Wouldn't that be... It does. [00:17:06] Speaker 7: I wouldn't know. I think the two... He has an unauthorized use of another vehicle, and they have the same vehicle, but... Two Hardin County holes. [00:17:19] Speaker 3: He does have two Hardin County holes. [00:17:24] Speaker 7: So those would have to be cleared as well. [00:17:26] Speaker 3: Yeah, and by the time... I'm afraid if I set a bond and then they get them over here, then we're not going to get the PSI. It's just going to prolong everything. I think I'd rather go ahead. I'm not going to adjust the bond at this time. Let's get it taken care of. And then as soon as sentencing gets here, if everything goes well, you'll be released, at least from our custody, and then you can go take care of your Hardin County cases. All right. You can go back with the bailiff. [00:17:50] Speaker ?: All right. [00:17:50] Speaker 3: Thank you. [00:17:53] Speaker ?: Thank you. [00:17:54] Speaker 8: Colton Armstrong pleaded guilty to felony theft after prosecutors established two prior DWI convictions involving a child passenger. Under his plea agreement, he received a 10-year prison sentence that would be probated, along with $20,000 in restitution. However, the judge ordered a pre-sentence investigation before final sentencing, while prosecutors warned that failing to pay restitution could lead to the full 10-year sentence. Armstrong also had pending cases and holds in another county, so the judge declined to modify his bond. The more serious case involved Christopher James, who pleaded guilty to intoxication manslaughter after a deadly crash involving a motorcyclist. Prosecutors argued that James was driving under the influence of PCP, despite an extensive history of drug offenses and prior DWI convictions. The victim's family described the devastating consequences, while the defense highlighted James's efforts toward rehabilitation, education, faith, and employment. Despite the defense's request for leniency, the prosecution urged the maximum 50-year sentence. The judge ultimately agreed, sentencing James to 50 years in prison with a deadly weapon finding, emphasizing the tragic loss of life in James's repeated history of substance-related offenses.