Lawyer: ‘System that put driver behind the wheel’ shares blame in fatal wreck

The law firm representing the families of three of the five women killed in a July 25 collision on U.S. 281 in Burnet County shared more details in the civil case and deeper insights into what happens next. However, some questions might go unanswered until the conclusion of a criminal investigation against the Leander man arrested and charged in the crash.

According to attorney Matthew Graham of J. Alexander Law, his clients, the families of Thalia Salinas, Ruby Cruz, and Jacqueline Velazco, filed civil lawsuits on Monday, Aug.18. The families of the two other victims, Brianna Valadez and Desiree Cervantez, were expected to file their own lawsuits through other legal representation. 

“First and foremost, what these families need is answers and they need some sort of accountability to be taken by the driver,” Graham said during a media conference on Monday held near the U.S. 281-Park Road 4 intersection where the deadly crash occurred. 

The “driver” Graham was referring to is 37-year-old Williamson County man Kody Talley, whose actions, according to law enforcement, led to the collision that killed the five women. He was arrested on Aug. 5 and charged with five counts of manslaughter. He was still being held in the Burnet County Jail as of Monday afternoon on a $1 million bond.

According to law enforcement reports, Talley was driving a truck hauling a livestock trailer northbound on U.S. 281 between Marble Falls and Burnet when he accelerated into oncoming traffic near the Park Road 4 intersection and hit two vehicles. One of those vehicles, a Mercedes SUV, was carrying Salinas, Cruz, Velazco, Valadez, and Cervantez. The SUV flipped and caught fire, killing all five of the occupants. 

The women, who were lifelong friends from the Dallas-Fort Worth area, were heading to a birthday celebration in Kingsland when the crash happened. 

The occupants of the other vehicle involved, a Chevy Malibu, were treated for non-life-threatening injuries.

Early Monday morning, the growing memorial at the site where the SUV burned on the side of the highway gained five large crosses with the names of each of the women.

“They’re dealing with the hardest thing a parent has to deal with in life,” Graham said when asked about the families of the women. “There are a number of people that need to be held accountable for this because it was a group and a system that failed and led to these girls’ deaths.”

PAST DETAILS IN THE WRECK

According to an affidavit filed in the Burnet County Court at Law by Texas Department of Public Safety Cpl. Jarek Stuart, who was at the scene, Talley:

• had been convicted of driving under the influence at least twice in the past; 
• accelerated into the collision with his gas pedal pushed to the floor; 
• was driving a vehicle that did not have an ignition interlock device, which he was required to have by law due to his past DUI convictions; 
• and did not have the proper license to haul the trailer he was pulling.

Read more thorough coverage of the affidavit and the circumstances surrounding the fatal collision in the DailyTrib.com story “Details emerge in 281 wreck arrest.”

NEW INFORMATION

Attorney Graham said the collision involves two separate legal issues: the criminal charges filed against Talley and the civil lawsuits soon to be filed by the families of the victims.

“Because of the investigation of criminal charges against the driver–there are currently five manslaughter charges pending against this driver–the investigation is precluded from disclosure,” Graham said. “We are waiting until that prohibition (on sharing evidence) is over so we can find out what led to this (crash).”

This means that evidence collected will likely be kept out of the public eye until the criminal cases move forward. Questions about Talley’s sobriety or why he was able to leave the scene without being thoroughly questioned will likely go unanswered until the criminal charges are resolved.

“There is an allegation being made (by the public) that (Talley) was intoxicated,” Graham said. “We’re going to have to wait for those investigative results to be final before we can talk about it.”

But Graham did share more details previously unreported by DailyTrib.com. Talley was on the job when the wreck occurred, transporting horses for his father’s company, Texas Camp Horses LLC. 

Talley’s father, Charles Talley, co-owned the truck he was driving, and other company vehicles were traveling with Kody Talley in a convoy of sorts when the crash happened. It is unknown if Charles Talley was at the scene or involved.

The truck Kody Talley was driving did not have an ignition interlock device. This vehicle-mounted breathalyzer will prevent ignition if alcohol is detected on the driver’s breath. Talley was restricted to only driving vehicles with the interlock devices due to his past DUI convictions.

According to Graham, these details could also make Texas Camp Horses LLC and Charles Talley civilly liable in the wreck.

“At the end of the day, this was the fault of an individual and the system that put him behind the wheel that day,” he said.

dakota@thepicayune.com