Suspected DWI driver Nicole
Baukus sentenced to 38 years
By Daamali Keith - MyFoxHouston.com
August 3, 2013
HOUSTON (FOX 26) - The woman charged with
intoxication manslaughter after driving the wrong way and killing
two teenagers has been sentenced to 38 years in prison. The case
went to the jury just before 4 p.m. Nicole Baukus was the last
person to take the stand. She sobbed as she told jurors she had no
memory of driving that night.
"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," Prosecutor Warren Diepraam told jurors in
A friend of Baukus' testified he had a couple
of telephone conversations with Baukus and in the last one she
told him she was "on the side of the road throwing up on herself".
That was just minutes before the fatal crash.
Surveillance video in a Montgomery County bar
shows 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 that early morning June 29,
2012. Around 3 a.m. Baukus slammed into another car killing the
driver 19-year old Nicole Adams and the backseat passenger 18-year
old Travis Saunders. Front seat passenger David Porras survived.
Baukus' blood alcohol level was .30. That's nearly four times the
legal limit of.08.
Baukus told the jury a few months ago she wrote
a suicide note and considered killing herself after this fatal
She cried on the stand saying "I don't deserve
to be here. I should have died in that crash. They were innocent.
"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," Prosecutor Andrew James
told the jury.
Baukus' dad also testified saying he too has a
history of getting caught drunk driving.
After the crash Baukus was found to have
marijuana and valium in her system and a glass drug pipe in her
pick up truck.
Prosecutors showed the jury photos of Baukus
posing with alcohol and drugs.
"Alcohol, drugs, marijuana, partying. That's
what sort of a person she is. She's an overindulgent party girl,"
prosecutors called her.
They also called her a sometimes "drug dealer."
Baukus testified she often bought marijuana
from her brother. There was also a text message on Baukus' cell
phone from her friend asking for Valium.
Baukus told jurors she can understand the pain
of the loved ones of the teens she killed. Baukus' high school
boyfriend was killed while riding a car with a young man who had
been "huffing" computer cleaner and passed out at the wheel.
Jurors also heard a jailhouse recording of
Baukus' dad Russell telling her an attorney was in the process of
taking care of her Facebook page. Within hours of the crash that
page was deleted but prosecutors were able to salvage pictures and
"They tried to prevent you from knowing what
she's really like. They tried to destroy her Facebook so that
y'all can't see it," Diepraam told jurors.
Baukus has two previous convictions including
being a minor in possession of alcohol and assault. A Houston
Police Officer also testified on Baukus' behalf. 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."
There was also a text message between the two
about Baukus smoking marijuana but the officer says he initially
didn't know Baukus was referring to using marijuana.
Baukus could be sentenced to as little as two
years probation or as much as fifty years in prison.
Saunders' dad, Fred Saunders, says anything
less than the maximum will be an injustice.
"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," and Saunders says it's time for Nicole Baukus' party
to end with the jury putting her in prison for decades.
'I should've died in that
crash': Drink-driving woman, 23, who killed two teens in wrong way
crash sobs as she's jailed for 38 YEARS
Nicole Baukus, 23, faced up to 60 years in
Texas sports bar that served driver pays
$1million settlement to victims in separate case
19-year-old Nicole Adams and her passenger
Travis Sanders, 18, were killed when pick up truck hit their car
in head on collision
Prosecutors slammed Baukus as 'overindulgent
Jurors also heard testimony from defendant's
father and friend
By Jessica Jerreat and Snejana Farberov -
August 3, 2013
A Texas woman who caused a deadly crash after
consuming 21 drinks in four hours and driving the wrong way on a
highway was sentenced to 38 years in prison Friday.
In a surprise move Thursday, Nicole Baukus, 23,
changed her plea to guilty and was sentenced on two counts of
vehicular manslaughter homicide and one count of vehicular
Before entering a guilty plea, Baukus, from
Spring, faced up to 60 years in prison.
The wrong-way crash that took place in June
2012 on the North Freeway in Montgomery County left two teenagers
dead and a third seriously injured.
During the sentencing hearing Friday afternoon,
jurors heard testimony from an emotional Baukus, who sobbed on the
stand, saying; '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
In her testimony, the 23-year-old talked about
the her high school boyfriend, who died in 2007 in a DUI crash,
telling the jury and members of the audience that she never wanted
to put anyone through that.
She also revealed to the jurors that a few
months ago, she wrote a suicide note and planned to kill herself.
Recalling the fateful night of June 29, 2012,
Baukus said that she did not remember downing 21 shots before
getting behind the wheel of her truck. She had previously claimed
that she had been drugged.
The jury also heard from the defendant's
friend, who testified that he had several phone conversations with
Baukus on the night of the crash, in the last of which she told
him that she was on the side of the road 'throwing up on herself,'
MyFox Houston reported.
Just moments later, at around 3am, Baukus
slammed her vehicle head on into another car, killing the driver,
19-year old Nicole Adams, and the backseat passenger, 18-year old
Travis Saunders. Front seat passenger David Porras suffered severe
injuries but pulled through.
A toxicology test determined that the
23-year-old had a blood alcohol level four times the legal limit.
She also had marijuana and Valium in her
system, and police found a glass drug pipe in her car.
In his closing arguments, prosecutors Warren
Diepraam and Andrew James called Baukus an 'overindulgent party
girl' and a sometimes 'drug dealer.'
"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,’ James told the jury.
The station KAKE reported that Baukus’ father
took the stand before the jury began deliberations, talking about
his own problems with alcohol and about his daughter, at one point
saying, ‘I'm just happy she's alive. She should be dead too and I
can't imagine how the victims' families feel.’
Fred Sanders, the father of crash victim Travis
Sanders, sat through all the testimony and said he does not
believe Baukus was truly remorseful for her actions.
‘I didn't think it was for us. I didn't think
it was for our kids, those three innocent kids. That wasn't for
them; that was for the jury. It was for her cause she's afraid
she's going to jail,’ he told the TV station Click2Houston.
Footage from a Texas bar shows a 23-year-old
woman consuming 21 drinks before she drove home the wrong way down
a highway, killing two teenagers in a head-on crash.
A court was told earlier this week that Baukus
drank four bottled beers and 21 'shooters', or spirit mixers, in
about four and a half hours, before getting in her pick up truck
and causing the fatal crash.
Prosecutors at her trial showed video footage
of Baukus drinking at the On the Rox sports bar and of her pick up
truck traveling the wrong way down a highway in Conroe, on June
29, last year.
As an emergency physician who attended to the
two victims in the crash testified to their grievous injuries,
Baukus broke down in court Wednesday -- so much so that a 10
minute recess was called.
District Court Judge Michael T. Seiler then
warned her not to repeat the behavior.
'We can’t have that kind of disruption,' he
She is accused of crashing head on into a car
being driven by Nicole Adams, killing the 19-year-old and her back
seat passenger, Travis Sanders, 18, according to KHOU News.
A third passenger, 21-year-old David Porras,
was seriously injured in the crash, which happened just before
In court Wednesday, prosecutors played
emergency calls from other drivers as they reported seeing a pick
up truck traveling the wrong way.
Before police could stop Baukus, the fatal
collision took place. An hour after the crash her blood-level
alcohol was more than three times the legal limit. Prosecutors
also claim she had drugs in her system.
Texas Alcoholic Beverage Commission agent Oscar
Williams told the court Baukus had consumed beer and shooters at
On the Rox, from 9:19pm to 1:46am.
He said that a tray of shooters was seen being
delivered to her table just after midnight, which violated the
Texas commission's rules, according to The Courier of Montgomery
'Only two open beverages can be sold to one
customer at a time,' he said.
In April the bar agreed to a $1million
settlement for Mr Porras, who is still having surgery from
injuries caused in the crash, and to the estate of Miss Adams and
Porras has had 13 operations since the accident
and has no teeth in his upper jaw after the bone was smashed when
he hit the dashboard.
The bar was sued for violating the Texas Dram
Shop Liability Act, which provides a cause of action against any
bar that serves an obviously intoxicated adult, the Villager
At her vehicular manslaughter trial, prosecutor
Andrew James told the court: 'As the trooper was questioning her,
he noticed she would just randomly be laughing at times, like this
was all one big joke.'
Baukus pleads guilty in
fourth day of trial
Posted by Scott Engle
August 2, 2013
By Taylor Tanner
Around 3 a.m. on June 29, 2012, an intoxicated
Nicole Baukus drove north in the southbound lanes of I-45 after
entering on the Research Forest exit ramp. Her taillights were
caught on TranStar video at some points. Barely missing the
vehicle of Arnes Buchanan and Keeleigh Mackay, she proceeded to
accelerate to approximately 65 mph and cut in front of his path.
From there, Baukus crashed head-on into a Chevy
Aveo containing three young adults on their way home. Two of the
victims, Nicole Adams, 19, and Travis Saunders, 18, perished in
the crash while the life of the third victim, then 21-year-old
David Porras, will never be the same.
Porras, who lost his front teeth and the entire
bone between his gums and nasal passage, has undergone more than a
dozen facial reconstructive surgeries with more to come.
When asked what life was like without his two
closest friends, Porras stated, “I know this sounds dramatic, but
it’s not much of a life at all.”
On July 29, thirteen months after the fatal
crash, Baukus stands trail. With defense attorney Michael McDougal
by her side, she pled not guilty. After four days of trial, Baukus
changed her plea to guilty and elected to allow a jury of her
peers to decide upon her punishment.
Charged with two counts of Intoxication
Manslaughter and one count of Intoxication Assault with the
possible addition of a deadly weapons charge, Baukus faces a
maximum of 20 years for each manslaughter charge and 10 years for
the assault charge. Baukus already has six previous car accidents
on her record.
Assistant District Attorneys Andrew James and
Warren Diepraam are prosecuting. Baukus arrived at On the Rox
Sports Bar and Grill at 9:15 p.m. on the night of June 28, 2012.
Once inside, she met her friend and her roommate, who worked at
the bar, and had her first drink at 9:23 p.m. Over the next five
hours, she consumed 21 alcoholic beverages and at 2 a.m. on June
29, she stumbled through the parking lot to her truck.
Witness for the state Oscar Williams, a TABC
agent and certified peace officer, watched the video of Baukus in
the bar numerous times, identifying those around her and counting
In the video, she demonstrated definite signs
of intoxication, stumbling around and into people and tables.
Eyewitness Keeleigh Mackay, a passenger of the
vehicle Baukus almost struck, made the call to 911 around 3 a.m.,
alerting police and emergency responders. Already aware of a wrong
way driver, the police were quick to respond and Shenandoah
officer Todd Schmaltz soon arrived.
Officer Schmaltz found Baukus leaning against the passenger side
of her F-150, left foot bleeding with the shoe and sock missing.
He asked who was driving and Baukus, drunk and smelling strongly
of alcohol, told him that a man had been driving but that she did
not know where he was or even his name.
She was also demonstrating some surprising
actions for someone who had been in a serious head on collision.
Baukus was laughing and giggling to herself; unable to explain
what she found so funny after two lives had just been lost.
Schmaltz began to investigate the scene,
looking for the man Baukus had claimed was driving. He could not
Yet, the officer did find a bloody sock and
shoe in the driver’s floorboard, as well as discovering a deployed
airbag on the driver’s side.
As expert witness, DPS Trooper
Michael Chapman explained, the “black box” in her truck would
sense whether or not a passenger was in the seat and would deploy
the airbag based on that.
A forensics expert called by the state found
Baukus’ DNA on the sock, wheel and airbag. Eyewitness Buchanan
also testified that he could see only one person in the vehicle
when it cut across his lane before crashing into the Aveo.
Montgomery County Sheriff’s Deputy Reuvers was
the first to arrive on scene and, after being told by Baukus that
she was not the driver, he proceeded on to the Aveo. Bystanders
had already pulled Porras from the vehicle, but it was the bodies
of Nicole Adams in the front seat and Travis Saunders in the back
seat that he was left to discover.
The roof of the Aveo was mangled, as was most
of the driver’s side. The Jaws of Life were necessary to extract
the two victims.
They were already obviously deceased from
injuries including skull fractures and blunt fore trauma to the
abdomen and chest.
The story Baukus told soon changed when medics
arrived and she admitted driving the vehicle. She also admitted,
when she was at Hermann Memorial Hospital in the Woodlands, that
she had been drinking.
While Porras was next door being treated for
his extensive injuries, including broken vertebrae, Baukus was
complaining about having her clothing cut off by the nurses and
about having to remove her rings.
Dr. Field, a general surgeon at Hermann
Memorial, was tending to both Porras and Baukus. Her behavior
startled Dr. Field just as much as it had Officer Schmaltz. He
believed she was unaware of what had happened, so he told her she
had killed two people and seriously injured another.
News like that could have been sobering. Some
might expect denials, questions as to just what had happened,
maybe confusion from the heavily intoxicated woman.
Baukus simply laughed.
At 4:20 a.m., her blood was drawn and her
blood-alcohol level tested at .265, more than three times the
legal limit of .08. She was tested again at 5:34 a.m., at which
time the test read .204.
Expert witness Michael Manes, toxicology lab
manager for the Houston Police Department, calculated that at the
time of the crash, her blood-alcohol level was probably closer to
Forty-three nanograms of diazepam, more
commonly known as Valium, was also found in her blood. Manes
labels this as a low therapeutic dose, but a doctor did not
Baukus claimed that she had been drugged and
was not in control of herself at the time of the crash. However,
this line of defense was dropped when she changed her plea to
guilty on the fourth day of the trial.
Still, prosecutors James and Diepraam continue
After the testimony of David Porras, which left
the courtroom in tears, the mother of Travis Saunders was asked to
testify. She told of every parent’s nightmare: being told by state
troopers that a drunk driver had killed her child.
Travis, who had just become an uncle, was torn
away prematurely, his life cut short. Travis, who had just
graduated high school, was a bright young man with big dreams,
doing anything he could to help anyone who needed it.
“Travis was cheated,” she said. “None of us
Nicole Adams’ father also took the stand,
telling of his daughter who did everything she could to help her
mother through the aftermath of her surgeries. He visits his
daughter’s grave two or three times a week, the only way he can
visit her now.
The families’ pain was clear. However, all they
can do now is wait to hear the jury’s decision regarding her
On the fourth day of trial, the prosecution
rested. On Friday, the defense will have time to call their
witnesses before the jury is allowed to deliberate on just what
Nicole Baukus’ sentence shall be.
Day 3 of wrong way trial
Posted by Scott Engle - MontgomeryCountyPoliceReporter.com
August 1, 2013
Just after 5:30 pm Day 3 of the
wrong way driver trial of Nicole Baukus wound down. The day had
several experts testify including Woodlands Trooper Mike Chapman.
Chapman who has been with DPS starting out in the Drivers License
has progressed rapidly. After becoming a trooper he was certified
in all six categories of accident investigation and is an also an
instructor for other troopers in crash investigation.
He explained how from the “Black Box” in the
victims vehicle he was able to determine they reacted one half
second before impact with only enough time to let off the
accelerator. At that point they were moving more than 200 feet per
Texas Ranger Wendi Wakeman demonstrated on
prosecutor Warren Diepraam how she swabbed Baukus for DNA when she
arrived at the Montgomery County Jail with Trooper Jay Smith after
being released from the hospital.
A analyst from DPS explained how she removed
the air bag from the Baukus vehicles drivers side and found
Baukus’s blood on it as well as the arm rest and the left sock
embedded in the floor board of her truck.
One again the number 21 came up. This time it
wasn’t in reference to the number of drinks Baukus had but the
chances of the DNA not being hers. The analyst said the chances
were 1 in 2 sextillion that the blood was not a match for Baukus.
When asked what that number even looked like she said there were
21 zero’s after it. (2,000,000,000,000,000,000,000).
Dr. Field with Hermann Hospital took the stand
telling of the injuries he treated on both Baukus and Porras. He
said Porras, upper jaw was shattered as was the bone and him
losing all his upper teeth when the dashboard hit him in the face.
He also spoke of his other neck injuries and having to continue
going through surgeries. Dr. Field said Baukus had some fractures
in her foot and other abrasions. At the time he did not think
anyone had told Baukus that she had killed two people as she was
laughing. He was shocked when he broke the news to her and she
Video from “On the Rox” was also released
today. We have edited it down from over 6 hours on 15 cameras to
one camera in 20 minutes showing her taking each drink. Also at
the 16 minute mark you see her leaving the club staggering across
the parking lot.
The trial will begin at 9 am Thursday and MCPR
will once again be there.
Day two of wrong way driver
trial recesses until Wednesday
Posted by Scott Engle -
July 30, 2013
The case of the I-45 wrong way
driver that happened just over thirteen months ago has just ended
it’s second day. This morning prosecutor Andrew James presented a
video which was captured from a freeway camera of Baukus entering
the freeway at 2:57 a.m. going the wrong way. You can see her tail
lights as she travels north bound in the southbound lanes.
An old friend of Baukus’s, Arnes Bucanan from
Oak Ridge High School who is in the Marines Reserves and works in
the oilfields was southbound on 45 just before 3 am when he saw a
vehicle stopped facing the wrong way angled toward him. Thinking
it was a police officer he slowed down. As he approached it the
vehicle his path at a forty five degree angle to the second lane
of the freeway. He was able to hear the acceleration over his
truck exhaust. He was able to see only one person in the vehicle
as it passed just past his left side, he said it appeared the
person was in the passenger seat. He then saw the impact as Baukus
hit the victims vehicle. He watched it spin emitting sparks. He
pulled over and ran back to the crash. He stated Baukus was still
in the vehicle. He then ran back to the car that was struck. He
said the driver wasn’t moving and appeared her arm was missing. He
was so upset he just went and sat down on the side of the road. He
later learned he had gone to school with Bakus.
Huey Mackey was riding with Buchanan and called
911. She told the 911 operator that she was on I-45 right where
242 goes under the bridge. At that point the 911 operator
interrupted her telling her they already had reports of the driver
going northbound on the south bound. She asked if they were
already past the 242. Mackay stated, “no, we are stopped right
now, we are on the highway. Once again she was interrupted. The
operator told her, “I understand, where did you last see him?’”
That is when MacKay said, “no, this guy jumped
straight up the on ramp, the exit ramp, the opposite way on the
exit ramp. He just nailed a car”.
Deputy Reuvers who is now a Shenandoah police
officer was with the Montgomery County Sheriff’s Office at the
time testified what he had seen as being the first officer on the
Trooper Ortega was first to the scene, Trooper
Brack arrived about the same time. He said Baukus was on the
passenger side of her truck outside of it being treated by medics.
He explained his observations on Baukus and how
he determined she was intoxicated.
Oscar Williams with TABC took the stand and
after presenting a time card from Bikini’s Bar on Interstate 45
where Baukus worked was able to form a timeline of her moves. This
included her getting off at 5:38 p.m. and meeting her friend
Maygen Bates at “On the Rox” at 6:13 p.m.
Williams then went on to explain explained what
each drink was and at what time it was served to her. Several of
the shots were mixes of Red Bull and alcohol. The two that she
drank most of were “Vegas Bomb’s” and “Star F***ers”. He explained
that alcohol being a depressant and Red Bull a stimulant and cause
the body to react in a way that takes the alcohol longer to feel
affects. He noted before midnight most of the drinks were served
by wait staff including her roommate Jessica Poitinger, or the bar
manager. After that nine of the drinks were from friends including
one male who returned to the table with over a dozen shots on a
tray. The maximum allowed by TABC is two at a time. In addition
she helped herself to a beer from another table.
Williams also pointed out on the video that
close to 2 am Baukus stumbled and fell into a table and chair, got
up spun and fell into a table.
At 1:58 am she left the bar. As she walks out
stumbling and staggering very bad. Which is depicted on camera.
Baukus gets into the drivers seat of her Ford
F-150 pickup and a friend Romi Flowers got into passenger seat.
They drove about 100 feet stopped and Flowers got out and got into
At 2:02 a.m. Baukus drove out of the parking
Prosecutors still have not been able to
determine where Baukus was for almost an hour before entering the
wrong way on the freeway.
Williams viewed the 8 hours of video several
times and was not able to see anything put in her drink
eliminating the possibility of her being drugged.
The trial recessed just after 5:30 pm Tuesday
and will continue on Wednesday.
Assistant District Attorney Warren Diepraam
said afterwards he was pleased the way the trial was going.
When asked about what Baukus could be facing if
found guilty, Diepraam said she can get 2 to 20 years in prison
for each of the two intoxication manslaughters and 2 to 10 years
for the intoxication assault. If she was given probation she could
get up to ten years.
However, Diepraam said if found guilty the
judge has the power to stack the sentences. This means, for
example, that if she would be given 20 years for each intoxication
manslaughter and 10 years for the intoxication assault. Those
sentences, instead of running together, concurrent, could be added
to each other.
Also since a vehicle is considered a deadly
weapon in a case like this Baukus’s maximum sentence could be 50
years. But to be eligible for parole which with a finding of a
she would have to complete at least one of the
full 20 –year sentences and then half of the next 20-year sentence
before she would be eligible for parole.
First day of wrong way trial
Posted by Scott Engle -
July 29, 2013
The first day of the trial of Nichole Baukus
ended at 5:30p.m. today. It was 2 p.m. before a jury was selected
and after a one hour lunch the two charges of intoxication
manslaughter and one count of intoxication assault were read to
the jury by Assistant District Attorney Warren Diepraam, head of
the Montgomery County Vehicular Crimes Unit. He also added the
clause where a vehicle is considered a deadly weapon. If this is
proven true and Baukus is convicted and sentenced to prison she
will be required to do half of her time before she is eligible for
Baukus, plead not guilty to all charges.
Diepraam was followed by Assistant District
Attorney Andrew James who is also part of the Vehicular Crimes
Unit. As he showed a photo of the crash, he told the jury that
thirteen months ago today, this is what the county woke up to,
death and destruction. He told them of the southbound lanes still
closed, and traffic was backed up as far as the eye could see.
The crash ended the lives of Nicole Adams, 19
of Conroe, her friend, Travis Sanders, 18, of Houston. A third
person in the vehicle Baukus struck was David Porras, 21 of The
Woodlands. He survived but still has no upper teeth as the bone
was damaged when the dash board hit him in the face. He has had
thirteen surgeries and is facing more.
He told the jury that at 9:15 pm Baukus arrived
at “On the Rox”, a sports bar on Sawdust Road. There she met her
friend Meagan. They both walked in and started ordering their
drinks from a a friend of theirs, Jessica who not only worked
there but was Baukus’ roommate. Over the next four hours Baukus
consumes four beers and seventeen shots. Video at the club
provided exact times of the drinks.
The timeframe for beer and shots were as
Baukus then stumbled out of the bar at 2 a.m. She got into her
truck and drove off.
It is unknown what she did from 2 a.m. until
the crash just before 3 a.m. when, as captured on Northstar video
she entered the freeway going northbound in the southbound lanes
at Research. She drove on the shoulder for a short time. As she
topped the hill at SH 242 she missed striking another vehicle. The
driver of that vehicle witnessed the crash as she looked back and
stopped to help.
Since calls came in the Montgomery County
Sheriff’s Dispatcher alerted units of the vehicle going the wrong
way. Montgomery County Sheriff’s Department Deputy Reuvers was
first on the scene within minutes as he was in the immediate area
heard the call and responded only to be told seconds later there
was a crash. He first went to the Ford F-150 and found Baukus
leaning against it. She told he she was not the driver. Reuvers
then moved further north looking for an ejected victim and found
Nicole and Travis slumped over in the seat, dead, in the vehicle
which had been struck head-on. Several people stopped and had
already pulled Porras out of the vehicle.
Cody Harmon arrived next followed by Shenandoah
Officer Todd Schmaltz. Schmaltz also approached Baukus and asked
who was driving , she stated a man was but she didn’t know his
name. Looking inside, Schmaltz, an experienced investigator that
came from Orange County California and had worked with Missouri
City Police Department noticed Baukus was not wearing a left shoe
After looking inside the truck he spotted the
bloody sock on the drivers floor board along with the shoe. He
also noticed only the drivers side airbag was deployed. If someone
had been in the passenger seat that bag would have also been
activated. When he asked where she was. Baukus thought she was at
FM 2920 and Interstate 45 some ten to fifteen miles south of the
She continued to deny her being the driver.
As Schmaltz was talking n his cell phone to a
DPS Trooper en route to the crash scene he noticed Baukus smiling
and laughing, when he asked what was so funny, she stopped.
When MCHD medics arrived her story changed. She
told the medics she indeed was the driver of the vehicle.
She was then transported to Memorial Hermann in
the Woodlands. While there she consented to a blood draw. That
blood, drawn almost an hour after the crash was at .265, the legal
limit is .08. Once again close to 5:30 am her blood was drawn
again and this time tested at .204 this also showed a small amount
As a DPS Trooper questioned her she kept
One of the attending physician’s hearing this
took it upon himself to tell her she just killed two people. She
responded by laughing once again.
She was released from the hospital hours later
and booked into the Montgomery County Jail.
Defense Attorney Mike McDougal then addressed
the jury so quietly that even prosecutors were unable to hear what
The first witness called to the stand was
Shenandoah Officer Todd Schmaltz who is now
back with the Orange County Sheriff’s Office, took the stand and
testified to what the DA had told the jury in the opening
At 5:30 pm Judge Seiler recessed until 9 am on
Baucus, left the courtroom flanked by both her
mother and father who tried their best to block their daughter
from news camera’s.