Attorney Don Flanary Secures Acquittal in Intoxication Manslaughter Case
As reported by San Antonio Express-News, Attorney Don Flanary secured an acquittal on Friday, May 30, 2014, in the case of: State of Texas v. Eugene Malloy (Cause No. 2009-CR-4541) in the 379th Judicial District Court of Bexar County Texas.
Jurors acquitted Eugene Malloy of intoxication manslaughter in the death of a 10-year-old boy more than five years ago.
The not-guilty verdict was reached after the jury deliberated less than three hours. Defense attorneys Donald Flanary and Casie Gotro questioned the legitimacy of the blood test, arguing Malloy only had two mixed drinks at a bar earlier that night.
Prosecutors argued Malloy had a blood alcohol level of 0.15 — nearly twice the legal limit — when his SUV sideswiped a van on Dec. 17, 2008, on Bandera Road near Loop 1604. The van flipped and ejected the child from the vehicle, killing him. If convicted, Malloy would have faced up to 20 years in prison.