Families of 281 crash victims to file wrongful death suits
A small memorial to the five women killed in a July 25 wreck on U.S. 281 near Park Road 4 lies near the spot where their vehicle overturned and caught fire. Staff photo by Dakota Morrissiey
The families of three of the five women killed in a July 25 collision on U.S. 281 in Burnet County are preparing to file wrongful death lawsuits against the driver arrested and charged in the crash.
Kody Talley, 37, of Leander faces five counts of manslaughter in connection with the fatal wreck near the Park Road 4 intersection between Burnet and Marble Falls. He was arrested and booked into the Burnet County Jail on Aug. 5.
Killed in the crash were 23-year-old Thalia Salinas, 23-year-old Ruby Aracelly Cruz, 21-year-old Jacqueline Velazco, 22-year-old Brianna Alysea Valadez, and 23-year-old Desiree Cervantez, all from the Dallas-Fort Worth area. The lifelong friends were traveling to a Kingsland lakehouse for a birthday party when the crash occurred.
The families of Salinas, Cruz, and Velazco retained the legal services of J. Alexander Law on Aug. 7 to pursue civil legal action against Talley.
The law firm is conducting an independent investigation into the wreck and intends to pursue “all available civil remedies against the driver and any other responsible parties,” according to an Aug. 7 media release from the firm.
“No family should ever receive a call like this,” principal attorney Josh Alexander wrote in the release. “These young women were sisters in every way that matters. We will move swiftly to demand answers and accountability for the families of Ms. Salinas, Ms. Cruz, and Ms. Velazco.”
As of the morning of Friday, Aug. 15, lawsuits had not been filed.
In the early evening hours of July 25, Talley drove into oncoming traffic on U.S. 281 and struck two vehicles, including a Mercedes SUV with the five women inside, according to law enforcement reports. The SUV was thrown from the road and burst into flames, killing everyone inside.
More details on the wreck were revealed in an official affidavit filed in the Burnet County Court at Law and obtained on Wednesday by DailyTrib.com. The document states that Talley was driving “recklessly” leading up to the crash; had a long criminal history, including two convictions for driving while intoxicated; and was not licensed to haul the livestock trailer pulled by his 2018 Dodge Ram pickup truck.
Talley also did not have an ignition interlock device in the vehicle, which was required by law due to his past DUI charges. A driver breathes into the device, which prevents a vehicle from starting if alcohol is detected.
The investigation into the wreck is ongoing. Talley’s bond was set at $1 million for the five counts of manslaughter. If convicted on all five charges, he faces a maximum sentence of 100 years in prison. As of Friday morning, Talley remained in the Burnet County Jail, according to jail records.