Family awaits DWI offender's trial

DRIPPING SPRINGS, Texas (KXAN) - A grieving Dripping Springs family will be in criminal court Tuesday to learn what happens to the man accused of intoxicated manslaughter in the death of their son. On Dec. 10, 2006, Adam Smith, 16, was killed in a car crash while the two other teenagers were severely injured.

The accused is Richard Laney, a man with multiple prior convictions on gun possession and DWI charges. When his DPS blood alcohol test from the scene was tossed out in court, Laney was freed on bond by Judge Mike Lynch of the 167th Criminal Court. Laney subsequently failed twice on the Ignition Interlock device to start his car, and was re-jailed. Laney was eventually given two furloughs from jail, the most recent over the Christmas and New Year’s holiday.

Adam's dad, David Smith, said the family has been monitoring Laney's case closely.

"We've shown up at all the hearings we can, because we're concerned we do not go to another funeral or visit another friend or family in the hospital, injured by someone who's shown a pattern of drinking and driving," said David Smith.

Adam's mother, Liz Smith, said she is frustrated by the entire justice process.

"I don't understand some of the decisions Judge Lynch has made," said Liz Smith. "I don't understand why it takes so long, I just don't understand a lot of it."

Texas led the country in 2008 in alcohol-related traffic fatalities with 1,292 people killed. Drunken driving deaths accounted for 39 percent of all Texas highway fatalities. After Tuesday's court hearing, the Smiths intend to meet Wednesday with State Representative Patrick Rose about the possibility of statewide legislation to crack down on drunk drivers. Among the options are sobriety checkpoints, mandatory Ignition Interlock tests for all offenders and loosening the restrictions on field blood alcohol tests.

Richard Laney is expected to surrender to the court Tuesday and prosecutors intend to ask that Judge Lynch provide him no further bond.