An Erath County jury of seven women and five men sentenced John Elwyn Hanson to 75 years in prison Wednesday, March 12, an after finding him guilty of Intoxication Assault.
Testimony began Tuesday, March 11 with Ronald Bush of Midlothian describing hauling a load of cattle from the Stephenville area Sept.28, 2022.
While traveling eastbound on Highway 67 toward Glen Rose, just before 1 p.m. or so, Bush saw a car ahead in his path doing “donuts” in the road. The same car, later learned to be a Dodge Charger operated by Hanson, began driving slowly in the same direction as Bush, slowing down to the point that Bush overtook and passed him on the highway. Minutes later, Hanson’s Charger overtook Bush, at a high rate of speed, failed to navigate a curve, went off the road, and began cartwheeling and tumbling, coming to a rest upside down just off the main lanes of the highway.
As first on scene, Bush helped the driver of the Charger, Hanson, exit through the window of the severely-damaged car. After a few minutes, Hanson asked Bush “where’s Cassandra”—which was the realization for Bush there was a passenger in Hanson’s car. Bush attempted to assist and communicate with the passenger, later identified as Cassandra Ripley of Crowley. However, she was non-responsive and trapped in the back of the car. First responders had to use power tools to extract Ripley from the car.
Department of Public Safety Sgt. Justin Becker then testified about his response to the crash scene and ensuing cleanup and investigation, and body camera footage of his work was played for the jury. Becker was dispatched to the crash at 1:05 p.m. When Becker arrived on scene, he first received a summary account from Bush of how the crash happened. Becker was then able to briefly talk with Hanson, who was standing by a fence near the crash scene, receiving medical attention from a nurse. Hanson denied drinking any alcohol or driving recklessly, and claimed he had his cruise control set on 70.
Becker then entered the ambulance in which Ripley was being treated by multiple paramedics, finding her strapped to a back board with her neck braced and stationary. Ripley denied having been in a crash and appeared unaware of what had just happened. Both Ripley and Hanson were transported to the Stephenville THR hospital.
After taking numerous photographs of the scene and crashed vehicle, skidmarks and path of the crash, and supervising the cleanup process, Sgt. Becker went to the Stephenville hospital to attempt further interviews with Hanson and Ripley. When Becker arrived at Hanson’s room in the emergency department, Hanson’s condition had worsened and hospital staff and nurses were preparing him for transport to Fort Worth by CareFlite.
Hanson was alert, and Becker was able to speak with Hanson further. Hanson described having consumed “five or six” drinks that morning and described his level of intoxication as four to four and a half on a scale of one to ten. Becker requested Hanson consent to provide a sample of his blood, and Hanson agreed.
At 3:13 p.m., just over two hours after the crash, a hospital lab tech collected two samples of Hanson’s blood and transferred the samples to Trooper Becker in a standard DPS blood draw kit. Trooper Becker transferred the blood samples to the DPS Crime Lab for analysis. DPS Crime Lab chemist Sara Giorgianni performed analysis of Hanson’s blood and found a BAC (blood alcohol concentration) of 0.123, which is well above the level of intoxication legally defined as 0.08.
Medical testimony from the attending physician for the THR Stephenville Emergency Department, Dr. Jeffrey Hutchins, explained medical records of both Hanson and Ripley. Hanson arrived at the E.R. at 2:15 p.m., and for medical purposes, his blood was drawn at 2:17, just over one hour after the crash. Hanson’s medical records, subpoenaed by the State, showed his blood contained ethyl alcohol at a level which, when converted mathematically to BAC, was 0.132. Ripley’s medical records showed she suffered broken ribs and lacerations to the skull requiring nine staples. Days after the crash, Ripley began having seizures and visited her local hospital in Burleson, Texas, where a slow brain bleed was discovered. Ripley was transferred to THR Fort Worth, where she underwent treatment and observation for the “subdural hemorrhage”, which Dr. Hutchins described as potentially life threatening if not observed and treated.
Through cross examination of Sgt. Becker, Dr. Hutchins, and DPS Chemist Giorgianni, the defendant’s attorney, Jeffrey Shearer of Granbury, developed theories to undermine the elements of intoxication assault, including that leakage of gasoline, which contains ethanol, from the crashed car affected the blood draw and analysis; that during the crash Ripley panicked and grabbed the steering wheel, negating Hanson’s “operation” of the motor vehicle; that fermentation of the DPS blood sample increased its alcohol concentration; that a recall on four million Chrysler vehicles showed that the Dodge Charger operated by Hanson may have accelerated when he pressed the brake; and that Hanson’s admissions to drinking the day of the crash were not reliable or voluntary because he was in medical distress.
The jury did not take long to work through the evidence and defensive theories, as a verdict of “guilty” was returned after nine minutes.
In the punishment phase of trial, District Attorney Alan Nash, through Constable Jason Schipper, presented court records from Gregg, Rusk, and Smith counties showing Hanson’s multiple prior felony convictions for theft, burglary, and robbery.
In closing argument, District Attorney Alan Nash shared with the jury that, because of the hard work of law enforcement, Erath County homes, neighborhoods, and places of business are safe places where crime is an afterthought, not an ever-present danger.
However, “We have to deal with people like this defendant, drinking and driving, driving dangerously on our public roads when UPS drivers, school buses, moms and dads are going about their business . . . too often we are terrified when our spouses, kids, and grandkids have to travel our highways,” Nash said.
Intoxication Assault is a 3rd degree felony carrying a range of punishment of two to ten years in prison. However, Hanson’s criminal history enhanced him to habitual status, exposing him to 25 to 99 years or life in prison. After hearing Hanson’s criminal history presented by the State, and testimony of Hanson’s wife of six years, the jury deliberated over four hours before returning a punishment verdict assessing 75 years in prison.
District Judge Jason Cashon immediately imposed the sentence and remanded Hanson for transfer to the penitentiary.