Fort Bend County District
jury convicted Heyner Mendez Castro of Driving While
Intoxicated on November 15, 2017 before he was sentenced to probation in an agreement
with prosecutors. The 27 year-old Alief man
was arrested after officers found him passed out in the middle of the road in
According to Assistant District Attorney Michael Hanson,
a Missouri City resident called the police on the evening of October 16, 2016 to
report a car stopped in the middle of a neighborhood road. Missouri City police officers arrived and
found Heyner Mendez Castro passed out in the driver’s seat with his foot on the
brake and the car running. It took the
officers several minutes before they could wake the defendant.
on the defendant’s safety and the safety of his passenger, the lead
investigator conducted a DWI investigation.
Castro performed and failed each of the field sobriety tests
administered during the evaluation. After
his arrest on suspicion of DWI, the defendant refused to provide a blood or a
breath sample to determine his blood alcohol level.
In his closing
argument, lead prosecutor Michael Hanson told the jury “it was the defendant’s
choices that determined his condition.” The
jury returned a guilty verdict after 30 minutes of deliberations.
Castro was tried in County Court at
Law No. 2 before Presiding Judge Jeffrey McMeans. Driving While Intoxicated in this case is a
Class B Misdemeanor punishable by up to 180 days in jail and/or a fine up to $2,000. The judge assessed Castro’s punishment at 12 months’
probation, including a $600 fine, 60 hours of community service, a DWI
education class, and attendance at a victim impact panel where offenders hear
from DWI victims who survived to tell their story.
Assistant District Attorneys Michael
Hanson and Bryan Honeycutt prosecuted the case.
Attorneys Brian Ayson and Sean Darvishi represented the defendant.