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Reckless Drivers Who Maim & Kill Should Be Punished-Public Space Essential Matter Of Democracy

2/14/2025

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​Two Harris County grand juries have refused to indict a motorist who killed Lisa Martin as she was walking in a downtown crosswalk last year. 

(Above-A traffic sign I saw while taking a walk in a Houston neighborhood.)

From Axios Houston: 

"Harris County prosecutors presented the case to a grand jury Jan. 30 seeking a state-jail felony charge against (Emmanuel) Megrelis under the Lisa Torry Smith Act, a 2021 Texas law named after a woman killed in a crosswalk that created a criminal offense for drivers in such instances. The panel issued a no bill — meaning it declined to press charges — under the statue, according to Harris County court records. Prosecutors the next day asked a different grand jury to indict Megrelis on a state-jail felony charge of criminally negligent homicide, but that panel also declined.......Victim's families and advocates have pressured Harris County prosecutors to pursue charges under the relatively new law In January, Axios reported that Teare said he would not pursue charges under the Lisa Torry Smith Act in crosswalk crashes involving death, opting to pursue other charges.He also told Houston Chronicle subscribers in a Q&A last month that while the law is a "tool in the toolbelt," he wanted "more Court of Criminal Appeals opinions" on the statute "before we go forward with it.​ Martin's family. met with prosecutors last week but left without many answers, Martin said......"We feel defeated," Martin said. "(With) all the effort we put in it in the past year and everything, we really thought it would lead to at least an indictment. We just don't know what to do."
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Jay Jordan at Axios Houston has been out in front with coverage of the apparent inability or reluctance of the Harris County District Attorney's Office to prosecute motorists who kill pedestrians with bad driving. 

From reporter Jordan and Axios Houston back on January 30th:

​"New Harris County District Attorney Sean Teare told Axios he doesn't plan on filing charges under a relatively new law aimed at protecting pedestrians in crosswalks, choosing instead to pursue a different statute against drivers..... Teare's policy, which he also employed as a prosecutor under his predecessor, has so far resulted in zero drivers facing charges for killing pedestrians in Harris County crosswalks, per an Axios analysis of 21 crash reports and court documents."

How we use public space & the safety and accessibility of public space is an essential matter of democracy. The importance of public space to democracy was highlighted last year when Mayor John Whitmire unsuccessfully sought to limit the First Amendment right to protest at the homes of elected officials. The importance of public space is why I've been following the flawed revision process for the City of Houston Sidewalk Ordinance.

A recent report showed that Houston traffic fatalities were at a record level in 2024. Mayor Whitmire has an odd and narrow concept of public safety that does not seem to include road safety. (Or include an aggressive protection of democracy.)

Houstonians know--as do lawful and kind drivers all across Harris County--that daily driving around here is menace after menace of aggression, red light running & drunk and drugged up motorists. The same can be said for walking in Houston. I'm certain it is the same for riding a bike. Red lights and crosswalks exist to be ignored & many seem to have strong objection to the use of turn signals. 

It's frustrating to take your life in your hands to do routine things like just go about town & on top of that feel that roadway wrongdoers will go unpunished. 

Why do we treat each other this way? The two grand juries not moving forward with the indictment on the death of Lisa Martin remind me of the 2010 vote in Houston to end red-light cameras. People just wanted the ability to run red lights and maim each other. 

If we can't trust each other to something as simple as stop at the red light and trust the legal system to aggressively prosecute reckless drivers here at home, then how can we build the trust and respect for one another and for the law necessary to fight back against the cruel and corrupt people currently running our country?

I'm on the Egberto Willies Politics Done Right Show every Thursday from 6 AM to 7 AM for the Houston Democracy Project segment. You can hear the show on the radio, stream it on KPFT or watch later Egberto's YouTube channel.​​

Here is a fundraising pitch for the Houston Democracy Project. I'm doing the work and showing up in many different ways.  Please help the effort. ​​​​​​

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    Author

    I'm Neil Aquino.

    I'm a rank & file Houstonian. I’ve volunteered extensively for Democratic candidates and causes, and served as staff for multiple campaigns. My work for Democratic campaigns has involved communications and strategy. 

    I’m an organizer of the Weekly John Cornyn Houston Office Protest. The Cornyn Protest team has been outside Senator Cornyn’s office each Tuesday for eight years now with one clear message: In addition to voting, we must show up physically and non-conventionally for the fights over democracy. Events have proven this assertion correct. 
    ​
    I'm on the Egberto Willies Politics Done Right Show every Thursday from 6 AM to 7 AM for the Houston Democracy Project segment. You can hear the show on the radio, stream it on KPFT or watch later on Egberto's YouTube channel.​
    ​

    I am the 2024 Barbara Cigainero Volunteer of the Year Award recipient the Houston LGBTQIA+ Political Caucus. I have a political science degree from Xavier University in Cincinnati and ran a Cincinnati City Council office.  

    I read a lot of books and follow baseball closely. 

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