Birkholz v. State

OPINION

Opinion by

CATHERINE STONE, Chief Justice.

In the early morning hours of January 3, 2003, witnesses came upon a one-car accident in Helotes. They were able to pull one person, Scott Kelly Birkholz (“Birkholz”), from the burning car. The three remaining accident victims perished in the fire: Tracy Birkholz, his wife; Brandon Birkholz, his brother; and Thomas Bowen, his friend. A blood draw showed Birkholz’s blood alcohol level was 0.12, and a title search revealed the car involved was registered to his name. Birkholz was arrested and charged with responsibility for the accident.

A jury…