SAN ANTONIO – Defense attorneys in an intoxication manslaughter trial told a jury on Monday that their client should not be blamed for a deadly drunk driving crash.
Fabian Lopez is accused of causing a deadly wreck on March 13, 2022, that killed 27-year-old Robert Anthony Gutierrez at the intersection of Highway 151 and Potranco Road.
Last week, as the state presented its case, a witness told the jury she saw Lopez’s vehicle run a red light and hit the vehicle Gutierrez was in.
But on Monday, the defense told the jury that the driver of the vehicle Gutierrez was in was more than three times the legal limit and that he even told hospital staff he was responsible for the accident.
“The evidence is going to show what he told the staff that he and his friend were drinking at the bar before and he can’t remember the events leading up to the crash,” defense attorney Gary Hillier said.
Hillier also brought up an expert witness who said the blood draw done on Lopez was invalid.
“My professional opinion is the blood alcohol in this case is not reliable, because of multiple reasons,” Dr. Zachariah Hildenbrand said.
Hildenbrand said there were problems with how the blood sample was stored and maintained and said the machine used by the DPS lab in Austin to test the blood sample was in need of maintenance, making the blood samples analyzed unreliable.
Both sides have rested and closing arguments are expected on Tuesday morning.
If found guilty, Lopez faces two to 20 years in prison.