Deputy who died in crash was drunk on duty, officials say

Officer's family questions autopsy; lawyers for driver jailed in accident call for his release

March 14, 2008, 1:02AM

By BRIAN ROGERS and PEGGY O'HARE

Copyright 2008 Houston Chronicle

Craig Miller

An autopsy report included pathological findings that Deputy Craig Miller, a 20-year veteran of the Harris County Sheriff's Office who died in an auto accident while on duty, suffered from acute alcoholism

A look at how the crash happened

Lawyers for a man accused of causing last month's car crash that killed a Harris County sheriff's deputy called for their client's release from jail Thursday after learning the dead lawman was driving drunk on duty.

"He does not believe he's the cause of the accident," attorney Ronald Helson said of his client, Jose Jesus Vieyra, who has been in jail since the Feb. 21 crash.

Deputy Craig Miller had a blood alcohol level of 0.27 percent — more than three times the legal limit — when he collided with a commercial truck driven by Vieyra on a Katy Freeway access road, according to the Harris County Medical Examiner's Office.

An autopsy report included pathological findings that Miller, 43, suffered from acute alcoholism, said two officials who have seen the report.

"It explains how the accident happened. If somebody's more than three times the legal limit, their perception of the traffic around them, their ability to hit the brakes, to perceive the other drivers is greatly diminished," Helson said. "It's a huge factor."

Miller's family questioned the autopsy findings and called for additional investigation.

Vieyra is charged with criminally negligent homicide and remains in the Harris County Jail on $35,000 bail.

In a brief interview Thursday evening, Vieyra lowered his head in silence when informed that Miller was drunk at the time of the crash.

"He didn't deserve to die," Vieyra said. He declined to discuss the crash and said he has faith in the justice system.

"I'm praying to God for him and his family and also for me and my family," Vieyra said.

Federal immigration officials have said Vieyra is in the country on a 2006 visitor's visa that has expired.

Keeping an open mind

It was unclear Thursday whether the autopsy findings would affect Vieyra's case.

Prosecutors are considering all of the evidence before going to a grand jury, said Bill Hawkins, an assistant Harris County district attorney.

"We're going to keep an open mind, in fairness to the defendant and in fairness to the victim," Hawkins said.

He said he is prohibited from further discussing the case, but said the district attorney's office has prosecuted cases where the victim was intoxicated.

"It doesn't affect causation," Hawkins said. "A person is criminally responsible if the result would not have occurred 'but-for' the defendant's conduct."

A motorist is legally intoxicated when their blood alcohol level is 0.08 or above.

A man of Miller's weight, 220 pounds, would have to drink roughly 16 gin and tonics over a two-hour period to reach a blood alcohol level of 0.27, according to a calculator developed by Intoximeters Inc. The St. Louis-based company makes alcohol breath testing devices for law enforcement agencies.

Most people lose consciousness when they reach 0.30 on the scale, the company said.

The toxicology results may prohibit Miller's family from receiving certain benefits they would have been entitled to had he not been drunk when he died in the line of duty, said Chief Deputy Danny Billingsley.

"I knew him to be a good, dedicated employee," Billingsley said of Miller, a 20-year sheriff's veteran. "This does not change the fact that he was killed in the line of the duty."

Family cites inconsistencies

Miller's family questioned the findings, saying there is other evidence to indicate he was not intoxicated when the crash occurred.

"Craig's accident and the ongoing investigation have raised many questions and inconsistencies," the Miller family wrote in a prepared statement.

"The most current results of the investigation do not equate to his actions prior to the accident, nor are they in any way consistent with the husband, father and friend and professional that he was widely known to be.

"While it doesn't bring Craig back to his family, we will continue to work with the Sheriff's Department to help them resolve these pending issues and inconsistencies, and we greatly appreciate their support and diligent efforts on Craig's behalf."

The married father of two was off-duty and at his Katy home on the night of the accident when his supervisor called and asked him to relieve another deputy at an undercover assignment.

Miller had already worked a day shift and did not expect to be summoned back to work that night, Billingsley said.

Miller would not have faced any disciplinary action had he refused and told his supervisor he had been drinking, Billingsley said. But Miller accepted the assignment, and his supervisor did not notice any signs of intoxication during the phone call, sheriff's officials said.

Crossing three lanes

Sheriff's office investigators have said Vieyra caused the crash by crossing three lanes of traffic in front of the deputy about 7:20 p.m.

Investigators said the left rear tire of Vieyra's truck and the right front tire of Miller's SUV collided, launching the SUV into the air before landing on a concrete embankment separating the feeder road from the freeway near Mason Road.

Billingsley said he did not know if a sober driver in Miller's position could have avoided the collision.

Sheriff's accident investigators do not know how fast Miller was driving because they did not find any skid marks.

They said they were also unable to retrieve any data from his leased Toyota 4-Runner's crash computer.

However, a witness traveling behind the SUV and truck estimated Miller was driving between 50 mph and 60 mph, Billingsley said. Miller was not wearing a seat belt.

People who had seen Miller before the crash told investigators they did not see any signs the deputy had been drinking. However, the investigators have not finished interviewing all those who had contact with Miller that day, Billingsley said.

Chronicle reporter Dane Schiller contributed.

brian.rogers@chron.com

peggy.ohare@chron.com