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Eyewitness describes 2007 fatal crash

Jenny Ybarra on trial for intoxication manslaughter

SAN ANTONIO – Jenny Ann Ybarra sat quietly as a long-haul driver described in detail the crash he had just witnessed on Loop 410 in December 2007.

James McLaughlin testified he was "daydreaming" as he was on his way to Laredo when he was passed by a small black vehicle.

He said it appeared to be travelling normally when "they hit."

McLaughlin said the black car collided head on with a silver vehicle.

"Debris flying up, flying out, a car spinning back at me, one going to my right," McLaughlin told the jury.

He said the silver car driven by Ybarra came to a stop on the shoulder farther down the highway and black vehicle with three young women ended up near his driver's side door.

McLaughlin said he called 911, then went over to try to speak to the driver in the black car.

He told the jury that driver asked three times, "They were in my lane, weren't they?"

McLaughlin said he told her "yes" in response.

He said the driver got out and began checking on her two passengers, one sprawled in the back seat.

However, McLaughlin said initially he did not see Erica Smith in the front passenger seat, who suffered massive head trauma.

The 23-year-old later was prematurely declared dead by EMS responders at the scene, yet she lived another 24 hours.

The truck driver testified it wasn't until after he heard the driver "hollering" that he went over to check on Smith.

"She was making a noise, moving her mouth," he said.

The prosecution reminded the jury EMS was not on trial -- Jenny Ybarra is.

If convicted of intoxication manslaughter, the 32-year-old Ybarra faces up to 20 years in prison.

Testimony resumes on Monday when prosecutors said it is likely Smith's two friends will take the stand.


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