The case of a Queen City, Texas, man accused of being under the influence of alcohol and other drugs at the time of a deadly collision on a Bowie County highway in April is expected to be considered by a grand jury later this month.
Tyler Reed Pate, 24, is accused of striking a Toyota Avalon with his Ford Fusion as both cars traveled southwest on U.S. Highway 59 about five miles outside Texarkana, Texas, about 10: 40 p.m. April 12, according to a probable cause affidavit used to create the following account. The Avalon spun out of control, hit the center median and rolled twice, ejecting the passenger.
The Avalon's 57-year-old driver was taken to a Texarkana hospital with serious injuries. The Avalon's passenger, Edna Morgan, 53, died of her injuries after being transported to Wadley Regional Medical Center in Texarkana, according to an earlier report from the Texas Department of Public Safety.
DPS Trooper Jason Green's affidavit notes a strong odor of alcohol coming from Pate after the crash as well as red, bloodshot eyes and slurred speech.
"Pate almost fell numerous times. I had to physically hold him to keep him from falling to the ground," the affidavit states. "I had to assist Pate while we walked to my patrol car to keep him from falling."
A portable breathalyzer allegedly registered a .14 blood alcohol level from Pate. Pate allegedly admitted to Green that he had taken a Xanax bar and a "small piece" of fentanyl. Xanax is a prescription anti-anxiety medication in the same drug family as Valium. Fentanyl is a synthetic opiate typically used in surgical settings, which is being increasingly abused on the street.
At a hearing Monday before 202nd District Judge John Tidwell, prosecutors said they intend to present the case to a grand jury for formal indictment this month. First Assistant District Attorney Mike Shepherd and Assistant District Attorney Katie Carter are prosecuting. Pate is represented by the Bowie County Public Defenders Office.
Pate could be indicted for intoxication assault and intoxication manslaughter. If convicted, intoxication assault is punishable by two to 10 years in prison and intoxication manslaughter is punishable by two to 20 years in prison.