Home > Waco Breaking News > Archives > 2009 > May > 07 > Entry
Man sentenced to 10 years in prison for drunk driving collision that killed Waco-area man
A 29-year-old Saginaw, Texas, man was sentenced to 10 years in prison and fined $10,000 today in the May 2008 drunken-driving death of Adam Martinez Jr. on Interstate 35.
A 54th State District Court jury of six men and six women deliberated about three hours before rejecting Jason Lang Modgling’s plea for probation and sending him to prison.
Modgling, an employee of a DeSoto-based air-conditioning company, pleaded guilty Wednesday to intoxication manslaughter in the traffic death of the 20-year-old Martinez, whose large, close-knit family owns and operates El Conquistador restaurants in Central Texas.
Modgling, who has a 3-year-old son with his girlfriend, Melissa Dunlop, said he made a bad decision to try to make the four-hour drive home after drinking seven or eight beers with his work crew after ending work that day at a mall store in College Station. He said he started driving back to Saginaw, just north of Fort Worth, about 12:30 a.m. May 3, 2008.
He will be eligible for probation after completing a quarter of his sentence, court officials said.
After Judge Matt Johnson sentenced Modgling, Martinez’s mother, Rosie Martinez, who cried throughout much of Thursday’s court proceedings, told Modgling in a victim-impact statement that she and her family forgive him. She said she knows he is hurting, too, and that her family wishes him no ill will. But he had to be held accountable for her son’s death, she said.
Permalink | Comments (12) | Post your comment | Categories: Headlines, Police & crime
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Comments
By Hungry Jack
May 7, 2009 9:09 PM | Link to this | Report comment abuse
God bless the Martinez family — I hope Modgling stays in for the full 10 years. I hope all the time he misses with his young daughter emphasizes to him how much the Martinez family misses their son.
By betty j
May 7, 2009 9:53 PM | Link to this | Report comment abuse
If this guy would have been a cute girl from West and had money he’d walked. WE need to replace this judge. That girl in West should be in prison right now like this guy. Drunk driver’s should never get probation, especially when someone dies.
By concerned
May 7, 2009 10:16 PM | Link to this | Report comment abuse
Betty J. You need to realize that this case and the case with the girl in West were both punished by a “jury”. It is ridiculous to blame the judge for what a jury did. Judge Matt Johnson is an outstanding judge.
By Disagree
May 7, 2009 10:38 PM | Link to this | Report comment abuse
Hungry Jack, you can say “God Bless” someone you don’t know and then be heartless against another? You will want that boy to serve the full term, until it is your kid or grandkid, or someone you like. It did not say if this boy had any other priors. Because of folks like you, the law should be changed to REQUIRE long probation and rehabilitation for young drinking offenders. It makes no sense to put him in jail with violent offenders for what is surely a mistake. He had no criminal intent and does not need to be judged by the likes of you. Let those without sin cast the first stone……
By Morris
May 7, 2009 11:45 PM | Link to this | Report comment abuse
Jason had two prior arrests for public intoxication. Also, he had been drinking from 4:30-12:30 and probably had more than seven or eight beers. At the time his blood was drawn, against his wishes and at 4:30 in the morning, he exceeded the legal limit for intoxication. He hit Adam from behind going at least 85, and maybe 90. The ten year sentence means he will be out in three years. What kind of justice is that?
By Citizen
May 8, 2009 12:28 AM | Link to this | Report comment abuse
I thought the girl in West did get jailtime. I’ll bet some of the people commenting here are the same ones that complain when the police arrest people for drinking and driving.
By anonymous
May 8, 2009 9:20 AM | Link to this | Report comment abuse
Come on, Morris, figure this out - there is no ture justice on this earth. It is not much more than a game.
And to concerned, there are not as many outstanding judges as you might think. They will duck and dodge and lie to cover for themselves and others just like the rest of us humans.
The best part of all of this is that Adam is in a much better place where there is true justice and he does not have to be exposed to all of this bickering about it. Many think he is the victim, but he is actually the winner.
By Ratso
May 8, 2009 11:58 AM | Link to this | Report comment abuse
This is a very sad day for both families. Drinking and Driving isn’t worth it. Luckily many of us figure that out before killing someone.
By CenTex
May 10, 2009 10:13 AM | Link to this | Report comment abuse
@ Ratso YEP!!
By Joyce Paul
May 11, 2009 9:24 AM | Link to this | Report comment abuse
Ten years - OMG - he should have gotten life. I’m not for drug dealers. However, those Judges in Waco are sentencing drug dealers to 15 and 20 years for selling drug. If you are crazy enough to buy them - then they need to sell them to you. Arrest the users. Chief U.S. District Judge Walter S. Smith Jr. needs to retire from the bench. He still has cases sitting on his desk. He has ignored the federal guidelines intended to bring retroactive fairness to drug sentencing. So, 10 years is nothing. He can walk soon or get out for good behavior. So, to me, the sentencing was too light. OMG, a life was taken.
By wendy smith
May 13, 2009 2:53 AM | Link to this | Report comment abuse
i am also a sister of jason modgling and i am sorry for the lose of the martinez family the thoughts and prayers of my family are also with this family along with that of my brother i cant imagine the pain they are feeling right now yes my brother made a mistake he is a human we all make mistakes our family is also suffering our suffering may not be as deep as that of the martinez family but we are losing someone very important in all of our lives as well yes he will come back to us but he probably will never be the same again my brother dispite what some of you may think is a great man he is loving and caring and has a big heart and yes he made a mistake does that make him a bad person???? according to this the other driver had been drinking as well so two ppl made a mistake that night to the people that are not related to either family or not a friend of either family making rude comments like my brother said u have a right to your opinion but sometimes your opinion should be kept to yourself and to the person that said that both of them should have died that opinion should of really been kept to yourself because neither of them should of once again to the martinez family i am so sorry for your lose my brother knows that he was wrong and he will have to live with his mistake for the rest of his life he is hurting right now too.
By wendy smith
May 13, 2009 3:13 AM | Link to this | Report comment abuse
I too am a sister of Jason and to the martinez family i am so sorry for your lose and the thoughts and prayers of my family are with you as well as with my brother. i can not begin to understand the pain that your family feels.My brother made a mistake he is a human just like the rest of us and despite what some of you might think my brother is a very loving and caring person who has a big heart and he made a mistake but does making a mistake make you a bad person??? our family is suffering as well our pain may not be as great as that of the martinez family but we are hurting too yes we will get him back but he will never be the same again he is a very important person in all of our lives and to those of you making rude comments about either family like my brother said you have the right to your opinion but sometimes that opinion should be kept to yourself this was a very tragic accident my brother had no intention of hurting anybody and according to this the other driver was drinking as well so two ppl made a mistake and we would be feeling the same way if the tables where turned we would of wanted justice for jason just like the martinez family wanted for there son. there is no ill feelings coming from my family we know that jason made a mistake and he will live with that mistake for the rest of his life. I thank the martinez family for forgiving my brother i know that forgivness is sometimes a hard thing to do but i know that my brother thanks you very much for that. and to who ever it was on here that said that both of the drivers should have died because they where drinking i dont know what is wrong with you but if this was your family memeber you wouldnt be saying that now would you neither of these men should have died.