Josh Brent, retired Dallas Cowboys defensive lineman, was found guilty of DUI manslaughter today, following a two deliberation. On December 8, 2012, Brent was driving when he crashed, killing his passenger and teammate Jerry Brown. Brent was believed to be drunk at the time.
At the trial, defense attorneys argued that Brent was not drunk. However, the prosecution presented evidence that Brent’s BAC level was .189, had video of Brent stumbling when he was contacted by police, video of Brent holding bottles of champagne and credit card receipts showing he had purchased three bottles.
Brent has not yet been sentenced, but the prosecution has indicated they will be arguing for jail. Brown’s mother, who attended the trial, has said she will ask for leniency when Brent is sentenced. Brent is facing up to 20 years of prison.
In Texas, driving drunk and causing the death of another is called intoxication manslaughter. In Colorado, the crime is called vehicular homicide. Vehicular homicide is a serious felony punishable by prison, but not a mandatory prison sentence. In Colorado, like in Texas, it may be punished by prison, but may also be punished by probation only. The sentence to be imposed is left to the discretion of the judge. Mitigating and aggravating circumstances are considered by the judge.