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Parents of intoxication manslaughter defendent testify
The mother of Douglas Howard Church, who is asking a jury to give him probation in a drunk driving accident that killed a mother and injured her three children, told jurors she was acting on “motherly instinct” when she removed items from his truck the night of the accident.
A 54th State District Court jury of seven men and five women could decide Church’s fate today, likely after hearing testimony from Church. Church pleaded guilty Monday to intoxication manslaughter in French’s death and to three counts of intoxication assault for injuries to her three children in the Aug. 11, 2006, wreck near West.
Tina Church told jurors that her son, a 26-year-old unemployed welder from West, called her after the collision. Her son and daughter-in-law were living with her about five miles from the crash scene. The two women rushed to the scene, she said, where she saw 11-year-old Andrew French wandering around with a compound fracture.
She said she tried to get Andrew to sit down and wrapped a towel given her by another witness around his arm. She said she also called her employer, Dr. George Smith of West, for help.
She also told jurors that while at the scene she removed a cooler and heater from the bed of her son’s truck and put it in the trunk of her daughter-in-law’s car.
When asked by defense attorney Russ Hunt why she did it, she replied, “I have no idea. It was like a motherly instinct. We worked so hard for what we have, I did not want them lost or stolen.”
She said a Department of Public Safety trooper later told her she could go to jail for tampering with evidence at crime scene and had her get the items out the trunk.
Tina Church described her son as “lost and devastated” after the Sept. 4, 2000, death of his older brother Robert in a drunk driving accident. His truck was found in a creekbed near West two days after he disappeared while driving home from Westfest.
“He had lost his best friend,” she said of Douglas Church.
She said her younger son “fought back” and got his life on track, making the dean’s list at Texas State Technical College and earning a degree in welding.
Jurors also listened today to 9-1-1 calls made by an increasingly frantic Douglas Church, who made at least three calls trying to summon help to the scene only to have them transferred among Hill County, Waco police and Department of Public Safety dispatchers because of where the wreck occurred.
As he sounds increasingly upset, he tells one dispatcher asking him for information, “I’ve already called. I need an ambulance now.”
Church’s father, Jack Church, said his son was devastated after the death of his older brother, and said the aftermath of the August 2006 wreck has also been devastating for everyone involved.
Church is also expected to testify today, and should be the last witness before the defense rests.
He faces 50 years in prison if the jury gives him the maximum punishment on each count and retired State District Judge George Allen orders the sentences to run consecutively.
For previous testimony in this case, read today’s story from our print edition.
Permalink | Comments (48) | Post your comment | Categories: Headlines, Courthouse
Comments
By concerned
July 24, 2008 10:51 AM | Link to this
To all of you who beleive that Doug is a heartless monster who did not call 911!! Finally the evidence shows that not only did he call once but 3x!!!!! I was told by a witness at the scene that it took the officials and ambulance 45 min to get to the scene because a dispatcher could not dispatch the correct county officials to the scene!!!
By me
July 24, 2008 11:06 AM | Link to this
i that pray God is in control of this trial.
By upset
July 24, 2008 11:11 AM | Link to this
I don’t recall anyone saying that he did not call. I believe everyone is outraged that he called his mom and wife prior to calling 911.
By WakeUpWaco
July 24, 2008 11:12 AM | Link to this
All of those on here doing nothing but bashing need to take a deep breath and read what I am about to write. It is a story about hurt, tears, and gut wrenching confusion - and it is right now plaguing most of the citizens of West (and some of us who have chosen to leave West).
Last night I came home from work and turned on my local news and there on the screen was my friend, Allan. What I saw broke my heart, instead of the bubbly, laughing, and light hearted friend that I remembered from our years in high school band and even from running into him in the years since, I saw a broken, shell of a man with hollow eyes who has aged 20 years since I last saw him. On the screen behind him flashed pictures of my other friend Debbie, with her beautiful, welcoming smile. The smile that never left her face, she never had an unkind word to say about anyone - even though there were times that people deserved them. There she was frozen in time with that beautiful smile and I remembered Girl Scout sleepovers, Middle School dances, High School band trips and running into her with those beautiful children of hers and I remembered that smile that never left her face. Then the camera moved to another familiar face - but I didn’t see the adult man their I saw the mischevious little boy that I baby sat - asking for just one more popsicle, can I please stay up just a little longer, and needing a hug because his big brother had been mean to him. Seeing that image brought me to a terrible day 8 years ago when Emmanual Mitchell broke the news that he had just left the ambulance and they had found Robert. It all flooded back. And the confusion was overwhelming - the anger that my friend was gone and other than pictures that smile is gone forever, the shell of a man my friend is now, the fear for that “little boy” - the one that cuddled in my lap and begged me to marry him when he grew up. And I thought back to how many times have we, the citizens and former citizens of West had to feel that.
I remember a Sunday afternoon, I was on the interstate just passing through West to my home in Lorena, the sirens and lights on the access road. Getting home to find out that Danny Machac was dead. Drunk driving was the cause - the driver was his cousin Shane. I remember that day being furious that Danny was gone, the pain. But I also remember the pain I felt for Shane - I knew and loved him too. Then I remember thinking about Danny’s parents and brother and sister - How, How do you deal with that - your beloved son and brother are gone, it was a preventable accident and the person to blame is your beloved nephew and cousin. I think we all went through the confusion and pain then too.
The same thing with Lacey and Ashton - and far too many more to list here.
Doug needs to be punished, and severly. Lacey’s punishment was too light. The people in West need to wake up.
When, where, and how - will the people in this town wake up and realize that much of the pain and confusion they are heaping on themselves?
When, where, and how - will the people in this town wake up and say enough is enough - we need to start teaching, living and enforcing that drinking and driving are not right?
I left a town and heritage that I loved so that my children would not be faced with the peer pressure and the problems that I faced growing up. My children know that if they have a drink (even just one) - call me I don’t care how late, I don’t care how far and I will come and get you. Everyone of my friends know that I will not have a single drink while we are out so that I can ensure that each and everyone of us makes it home okay. These are promises that I made standing over the coffins of friends that left me way to early. I have said in other posts on here that I have not had a class reunion yet but that I have seen my classmates at least yearly and it has been at a funeral. That needs to stop.
By again
July 24, 2008 11:16 AM | Link to this
No one said he didn’t call 911, Tina herself admitted that he didn’t call until AFTER he called her and she had time to get up there and get the beer out of his truck.
Motherly instinct my left foot! That was a crime scene and she knew better than to move anything like that.
As a mom I would have been concerned about getting help out there for those poor kids, that wasn’t the time to be worrying about where or not my adult child, who was unhurt, wa going to do jail time.
By People Lover
July 24, 2008 11:23 AM | Link to this
The ambulance would have beat Tina to the crime scene if it would have been called near the same time. 5 miles on highway and farm-to-market road is faster than 5 miles of gravel road.
By upset
July 24, 2008 11:29 AM | Link to this
His friend should have called 911 since Doug was so self centered to call his family to try to clean up his mess!!
By M
July 24, 2008 11:30 AM | Link to this
People Lover
Jurors also listened today to 9-1-1 calls made by an increasingly frantic Douglas Church, who made at least three calls trying to summon help to the scene only to have them transferred among Hill County, Waco police and Department of Public Safety dispatchers because of where the wreck occurred.
The calls were routed around 2 counties is why they didn’t get there is 5 minutes - quit assuming and acting like you know it all, even after they stated the above you posted that crap…jeez
By gmar923
July 24, 2008 11:36 AM | Link to this
WakeUpWaco, What a very touching recount of your life in West. I hope that it will somehow, some way touch and inspire anyone who has chosen to drink and drive in the past, to reconsider those choices in the future. Many lives are changed in an instant because of poor choices.
The stories coming out of West are very tragic and my heart goes out to all the families, but these tragedies are not limited to West. It happens everywhere. West, unfortunately, is in the spotlight right now.
By WakeUpWaco
July 24, 2008 11:41 AM | Link to this
“Motherly Instinct” - Tina has “ZERO” in her body in fact Jack has far more than Tina ever did. Remember my comments earlier about babysitting for the boys - I was hired by Jack, paid by Jack, etc. I babysat at night, during the day, etc., so Tina could go drinking and carousing with her buddies. House was always filthy (I often cleaned too). My favorite comment is “We had worked so hard for what we had. We did not want them lost or stolen.” Don’t know about all you women out there who are mothers - my Motherly Instinct kicks in for ALL CHILDREN - whether they are mine or not - and there is no way I would wrap a towel around a baby and tell him to sit down - I would do everything in my power to make sure that he wasn’t hurting.
By Farah McAlister Bural
July 24, 2008 11:43 AM | Link to this
I too left West years ago. I have been following the trial daily from my computer and falling apart everytime I think of all of the fun trips across the pastures with my friend Debbie. All the good times going down to Tokio Store. Then in comes the anger, all the senseless deaths caused by alcohol(Danny Machac). I loved West, still do but, there has never been anything to do in that town but ride the back roads w/cases of beer. I do hope that Doug gets the maximum sentence because of my love for Debbie and her family. But in the back of my mind I think “Man, years ago that could have been me.” I think that is the REAL eye opener in this whole tradgedy. Dave, Will, Donna if your out there, I’m thinking about you guys every day.
By concerned
July 24, 2008 11:57 AM | Link to this
people lover> read the story the 911 dispatcher couldn’t even figure out where whe needed to route the officials!!! So I doubt the ambulance would beat someone to the scene if they weren’t even contacted by 911 until the dispatcher had routed him to several different agencys!!!
By M
July 24, 2008 11:59 AM | Link to this
Wakeupwaco
What does someone having a messy house have to do with any of this…I often babysat as a teen, and part of my duties were to clean the house of the person I am babysitting for….For the record, I have been at Tina’s ALOT over the years, and I have never seen her house fifthy. That has got to be the most PETTY and CATTY comment I have read on any of the blogs yet.
By anonymous
July 24, 2008 12:06 PM | Link to this
As a mother I say that whole “mother’s instinct” claim is crap. Once she saw that her son was ok, anyone with a real mother’s instinct would have been by those little kids’s side and doing anything possible to care for them and not worrying about a stupid cooler of beer.
I don’t deny that Doug called 9-1-1, but again, like the others have stated here, he called his mother first and waited for her to get there. Besides the fact that calling 9-1-1 didn’t change the fact that he had just killed a mother and injured her children who are scarred for life! He obviously did not learn any drinking and driving lessons from his brother’s accident and I would think that would have been a huge wakeup-call for most people. Not to mention this was not his first offense!
By tiredofstupidpeople
July 24, 2008 12:13 PM | Link to this
Ummm…my mother never had an instinct to commit a felony….
By WakeUpWaco
July 24, 2008 12:13 PM | Link to this
Sorry - the comment was petty and should not have been on here. Just stating the facts about her “Motherly Instinct” - there was none there. I have been around her since I was 12 years old - she had none then and she has none now. That was proven the minute she realized that her own son was okay and proceeded to “clean the scene” instead of take care of those children.
By tiredofstupidpeople
July 24, 2008 12:23 PM | Link to this
“hmmmmm…. Children that are trapped in the car, or my sons beer cooler? Man that is a tough decision. I mean I have medical training, I work for a physician, but by gosh we worked hard for that beer and the heater. It’s August so you never know when I will need that damn heater…I think I’ll choose the beer and the heater” -Tina Church’s thoughts at the scene apparently.
She is just as guilty as doug if not MORE… it doesnt matter who sat on peepaws lap and had a big ole’ hoedown in their living room with these people…. GROW UP!!!! Shut up about the past and move on…do you not have anything better to do???
By WoodwayTx
July 24, 2008 12:33 PM | Link to this
I know the family that lost their mother in ths wreck. Mr Church, is a repeat, yes repeat offender and should be punished to the FULLEST extent of the law. No if’s, and;s or but’s about it. He has killed someone in his childish devil may care what I do attitude. If he didnt have that kind of attitude, he would not have been drinking and driving in the first place. And he sure wouldnt have called his family first to try to get the coolers and beer out of site of the law he KNEW was coming. He is a child in a mans body but he should pay the price for his actions. And going around talking about drinking and driving is not it. It didnt help him when his own father had to do now did it.
By Get Real
July 24, 2008 12:37 PM | Link to this
To Wake Up Waco your comments touched my heart. Too many have died in West and many more will because the town exists on alcohol and drinking establishments and of course West Fest. The town will never change, never they just don’t want to change their culture of drinking. This will not be the last accident to hit the headlines.
By West graduate
July 24, 2008 12:37 PM | Link to this
I am writing this to WakeupWaco…I have to agree with you 100%. It is sad to think that at one point in my life I was so proud to be a part of West. I know all too well what goes on there, I guess you can get away with alot more depending on who you are in the community. I remember driving around West, drinking and how if you got stopped the cops would just say pour out your beer and go home. I wonder if that still occurs today. I know all about what went on with prom this year and how parents thought it better to buy their kids all the alcohol they could muster and who knows if they drove or not. I was a friend on Danny’s, I also know some of the other people’s family that this tragedy has affected as well. Westfest is a place of drinking and partying because it brings big bucks to the community. I agree that parents need to start teaching kids that it’s never ok to get behind the wheel and drive drunk, but it seems that the tradition will never end until well what happens next? I am a proud CZECH, I love my heritage, but I will never be a citizen of West because my kids will never be a part of what goes on there. Remember I graduated from West, was a proud West Trojan…it’s sad that it’s gone this far.
By WoodwayTx
July 24, 2008 12:39 PM | Link to this
I know the family that lost their mother in ths wreck. Mr Church, is a repeat, yes repeat offender and should be punished to the FULLEST extent of the law. No if’s, and;s or but’s about it. He has killed someone in his childish devil may care what I do attitude. If he didnt have that kind of attitude, he would not have been drinking and driving in the first place. And he sure wouldnt have called his family first to try to get the coolers and beer out of site of the law he KNEW was coming. He is a child in a mans body but he should pay the price for his actions. And going around talking about drinking and driving is not it. It didnt help him when his own father had to do now did it.
By People Lover
July 24, 2008 12:57 PM | Link to this
Until we all hear the 9-1-1 audio, do not doubt what I say. I have yet to be wrong regarding this case.
How can an operator send an ambulance if the caller is a drunk loser who first called his mom to clean up his mess?
Quit defending the actions of a killer.
By proud west citizen
July 24, 2008 1:09 PM | Link to this
I think all you people bashing West need to wake up! I have friends that went to Lorena, friends that went to China Spring, Midway….guess what they do on the weekend?????? Go to parties and DRINK!!! I’ve been to plenty of them so don’t go around saying WEST has a problem….the problem is EVERYWHERE!!! WAKE UP PEOPLE!!!!
By People Lover
July 24, 2008 1:13 PM | Link to this
I am moron and have a heartless soul and I apologize for everything I have said on here…I don’t know what I am talking about and I know that I have a “God” complex that I am seeking treatment for.
By People Lover
July 24, 2008 1:17 PM | Link to this
You hate me because I am right.
By anonymous
July 24, 2008 1:28 PM | Link to this
To Proud West Citizen: You aren’t exactly helping your cause by telling everyone about all the parties you’re going to! I suppose you’re also DRIVING to all them???
By proud west citizen
July 24, 2008 1:36 PM | Link to this
NO, I DO NOT drink and drive. Just because you attend a party where drinking is going on, doesn’t mean you are drinking. GROW UP!!!!!!!!!!
By West School Teacher
July 24, 2008 1:42 PM | Link to this
Verdict should be back soon!
Hopefully 50 years for the DWI LOSER, and 2 years for MOM tampering with evidence and giving birth to such a loser. To bad she did not choose abortion.
I taught this Child in school he was a problem then and his parents only made it worse. I am not suprised his life ended up like this. I do think he should be sterilized so he will not breed more losers .
By teacher
July 24, 2008 1:50 PM | Link to this
WESTTEACHER - glad to see what kind of teachers West employees and what are taxes dollars pay for, ones that call students losers and that they should be steralized…you are an embarrasment to teachers everywhere
By People Lover
July 24, 2008 1:54 PM | Link to this
She is honest. She is not his mother.
By friend
July 24, 2008 2:12 PM | Link to this
I cannot believe that a school teacher would post such an awful comment about a kid she used to teach!! I have a child that goes to west schools and hope that she doesn’t have a teacher like you!!!
By Faith
July 24, 2008 2:19 PM | Link to this
Didn’t we as humans caused Jesus’ death that day when we died on the cross for us? In the Lord’s Prayer it says, “Forgive those who trespasses against us and lead us not into temptation but deliver us from all evil”. Each and every day our Lord is in pain because of our sins. All of you people on here that are behaving in a vicious way are creating a sin by the name calling, cursing, and breaking several commandments. One of you asked, can someone name the Sacraments? I have a questions for you, can you also say the commandments word from word without looking it up and describe its definition of what it means? As I see it, there have been many sins created the past few days from many of you. His family is doing what they are suppose to be doing, supporting him, loving him, and standing behind him. You too would do the same if it was your son, brother, or friend up there. We get it, Doug committed a crime, we know it, he knows it, and God knows it. There are two families here dealing with grief. Those that have lost a mother, wife, sister, daughter, niece, aunt, or friend from the Lord taking her home to be one of His angels. But there are also those that lost a son, husband, nephew, and friend as well, because it is evident that he is going to suffer from his actions. He will go to jail and he will be there for a really long time. They too lost him and yes he is at least alive, but that was God’s choice, not ours. No one is perfect, not his family, not the young ladies family, and surely not you people on here that is breaking one of God’s commandments. The only one that is perfect is God. The advantage to the young lady is that God took her home to be one of his angels. She is in a better place than any others involved. She will have eternal life living in peace and harmony. Doug has to continue to live in this world where there is hatred and people that can’t let God take care of his children in his own way.
I am not defending Doug in any way. I am not in any position to do that. That is our God’s job. That is why he died on the cross for us. What I am saying is that Doug’s actions will be handled by the judicial system and by God’s hands. Put your faith in God and he will take it in his hands. God watches over all of his children and yes even those that are not on trial today. I am saying that all of you that are bashing him or his family one way or another, are not in any better situation as he is in God’s eyes. He is one of God’s children the same as you are and as Debbie is. He broke one of God’s commandments, but you too have broken one or two. One commandment is not any worse than the other. They all are the commandments of our God and are in no order of importance. God forgives all of his children and he also expects for them to pay for their sins.
God bless you all, because everyone needs it every day.
By WakeUpWaco
July 24, 2008 2:25 PM | Link to this
To West Graduate: I wonder how many more like us there are out there - the ones who are appalled by their behaviour when they were younger, the ones who now get on their hands and knees and thank God that it was not them that caused a tragedy like this - because when we were in school it was “the thing” to do. I remember kids actually driving around the school drinking vodka and orange juice in the mornings “before” school started. It wasn’t just PIVO. But I also remember burying my first friend at 16 and the looks on that mother’s face - and knowing that there would not be a graduation, or a wedding or a first grandbaby for her it was all over - because of stupidity - I made a promise that day - and for 22 years have lived up to that promise. I just wish more or my friends had made the same promise.
By People Lover
July 24, 2008 2:42 PM | Link to this
To Faith:
What Commandment have I broken?
Everything I have said is the truth. Look at my postings yesterday, I silenced all my doubters.
By WakeUpWaco
July 24, 2008 2:49 PM | Link to this
Thank you Faith - you have pointed out something that alot of people seem to be missing. This should have never been about bashing because there are always 3 sides to every story his, hers and the truth. What could have happened out of this was a way to brainstorm - get together and see what could and should be done to stop some of the senseless tragedies - not just in Waco - but across our area. There have been far too many of them lately. And as I stated in another post Texas ranks #1 in the US in drunk driving fatalities - I don’t know about you people but that is not a contest that I feel we should be proud to win.
By B. Responsible
July 24, 2008 2:52 PM | Link to this
I am so glad to read the difference of opinions being offered here. How nice it is to live in a land where a person can freely post their opinions without fear of retrobution. While reading I noticed that some people believe that Doug Church should be released on probation. Some others think that he deserves “the chair”. Some people warn not to throw rocks if you live in a glass house. Well, as for me, I am also a Christian. I believe in forgiveness and that judgement belongs to God. However, my God also commands me to follow the laws of the land. Therefore, if I don’t, I am subject to their penalties. Doug Church and his mother knew what they were doing was wrong. Do I believe that they could have been in shock and delayed calling 911? Maybe… However, it is a little hard to think that it was “shock” that caused Doug Church to down beer after beer. It is hard to think that “shock” caused Doug Church to decide to race on a two lane road with oncoming traffic. Doug Church chose, once again, to break the laws of this land. Laws that are put in place to protect us all. That being said. My opinion is that Doug Church be taught a new lesson. It starts with the words “Be gone from Me, I never knew you.”
By Joe
July 24, 2008 3:30 PM | Link to this
He who has not sinned cast the first stone?????????? are there any christian’s here. i mean really this is bad judge not and ye shall not be judged!!!!!!!!!I feel for all the people involved nothing will bring back her life!!!
By People Lover
July 24, 2008 3:34 PM | Link to this
I WILL RESPOND TO ANYONE WHO DEFENDS A MURDERER.
If you defend a murderer, you defend the actions of a murderer.
By B. Responsible
July 24, 2008 3:42 PM | Link to this
Good point, Joe. We all know that Debbie cannot come back to us. And that we have no right to judge Doug. However, if you read my posting a little closer you will find that only opinions were offered and no judgement was passed. Also, there is no judgement in this court case. Only sentencing. To be carried out by the laws of this land and by a panel of peers.
By happy camper
July 24, 2008 3:43 PM | Link to this
can anyone tell me where in the testimony it says that he called his mom before he called 911? Or is this just rumor?
By happy camper
July 24, 2008 3:45 PM | Link to this
can anyone tell me where in the testimony it says that he called his mom before he called 911? Or is this just rumor?
By happy camper
July 24, 2008 3:47 PM | Link to this
can anyone tell me where in the testimony it says that he called his mom before he called 911? Or is this just rumor?
By B. Responsible
July 24, 2008 3:48 PM | Link to this
Happy Camper, You will have to get a copy of the transcript from the court. I believe that phone records prooved that, but don’t take my word for it. Good Luck/
By Be Done With Him
July 24, 2008 4:22 PM | Link to this
Enough of the taxpayers money has been wasted on Doug. Let justice be done as swiftly and as severly as it can be. I jusyt hope there are no heavy drinkers on the jury. The only 911 call that should be made is Doug calling heaven for divine forgiveness as he sits in prison the trets of his life.
By West graduate
July 24, 2008 4:24 PM | Link to this
WakeupWaco, it was hard for me to write those words that I did because you always want to be able to say where you went to school and be proud of where your from. I am not proud, I know this happens everywhere but how many times has it happened there? I am one of the lucky ones, the lucky one that drove around drinking when I was in high school, backroads, everywhere, just got lucky that this did not happen to me and my friends. GOD help the people left behind to suffer this terrible tragedy. I believe he does need to pay dearly for what he has done along with anyone that does something this awful. GOD will also judge. No one on this blog or anywhere else is perfect, we all make terrible decisions in life, but whenever you go through it once, twice, three or four times…come on now, when will we take our kids hands and hearts and honestly tell them and show them that we love them. Life is too short to waste it on tragedy while we are here. All it takes is some guidance about doing the right things. I live that daily with a disabled child..maybe that is God’s blessing to me to try and be the best mom I can.
By People Lover
July 24, 2008 4:41 PM | Link to this
Please forgive me for calling a guilty man guilty. I will now leave you all to defend the honor of a man who has none.
Peace Lover Out.
By Jennifer
July 24, 2008 4:45 PM | Link to this
Just because he called 911 doesn’t excuse what he did. And if his parents saw that he was having a hard with his brother’s death then they should have taken the next step and gotten him some help.
By Jennifer
July 24, 2008 4:51 PM | Link to this
Just because he called 911 doesn’t excuse what he did. And if his parents saw that he was having a hard with his brother’s death then they should have taken the next step and gotten him some help.