Tragically, Boy Spent Entire Life Since Age Two in Vegetative State
Eight year-old Abdallah Khader died Sunday morning from injuries he sustained in a 2009 Arlington DWI accident. Abdallah had live the majority of his short life in a vegetative state, unable to respond to his parents or breathe without the help of oxygen. He was only two when a drunk driver ran into his mother’s car. Although properly strapped into his car seat, Abdallah suffered severe brain damage in the horrific crash. Having remained brain dead for almost six years, the boy sadly passed at 4:20 a.m. Sunday at the Cook Children’s Medical Center in Fort Worth.
Drunk Driver Still Not Brought to Justice After Almost Six Years
Stewart Richardson was 44 years old when he got drunk and climbed behind the wheel of his Ford F-250 pickup truck at 11 p.m. on a Friday night in February 2009. The Iowa man sped down South Cooper Street and barreled into the back of the 2003 Honda Accord driven by Abdallah Khader’s mother as she waited at a red light. The ferocious impact of the crash sent the Honda sliding into the intersection of Oak Village Boulevard and into the path of a 1998 Ford Mustang. The toddler suffered skull fractures and traumatic brain damage (TBI). Bruising and strokes destroyed 80 percent of his brain tissue.
Richardson was arrested for drunk driving at the scene. His blood alcohol content (BAC) was three times the legal limit for driving in Texas. Richardson had an extensive history of drunk driving convictions.
Now almost six years later, Richardson still has not been tried
for the deadly DWI car collision. The trial has been delayed until a
decision is made on the prosecution’s appeal of a pre-trial ruling
concerning sentencing parameters.
Richardson has seven DUI convictions
in four states, including one for a DUI crash in which he injured
several people. However, incredulously, all the DUIs are misdemeanors,
because the laws in Iowa and the other three states do not enhance
charges based upon a history of drunk driving convictions. The judge
ruled on the defense motion that because all of the defendant’s DWIs are misdemeanors, he is subject to a maximum of 20 years in prison. The
prosecution argued that Richardson’s previous DWIs should make him
eligible for a life sentence.
Abdallah Khader Act
The injustice of this case inspired legislators to pass the 2011 Abdallah Khader Act,
which raises the crime to a second degree felony if the victim of a DWI accident suffers traumatic brain injury that results in a persistent
vegetative state. The law authorizes the courts to impose stricter
penalties against the worst drunk driving offenders.
I represent victims of drunk driving in civil lawsuits and have witnessed the devastating consequences or DWI accidents
to the injury victims and their families. Our Texas legislature needs
to pass more laws like the Abdallah Khader Act to protect innocent
people from the criminal conduct of drunk drivers.
Call Berenson Law Firm to learn more about recovering damages arising from a DWI crash.
Call 817-885-8000 from the Dallas-Fort Worth area or 888-801-8585 toll
free to schedule a free consultation. I am here to help you.