In a rare legal move, a bar patron is now being charged in connection with the woman who was driving drunk, slammed her vehicle into a car and killed two teens in Montgomery County.
An arrest warrant has now been issued for 29-year-old Kambiz Michael Duran. According to the Texas Alcoholic Beverage Commission, Duran, another customer in the bar, gave Baukus several drinks after she was already clearly drunk. This comes just hours after Nicole Baukus was sentenced to 38-years in prison. Baukus consumed twenty-one alcoholic drinks that night.
Look at the surveillance video from inside that Montgomery County bar and you'll see Baukus drink four beers and seventeen shots in five hours. It also reveals who gave her the alcohol. "The TABC agent Oscar Williams who looked through hours and hours of video and was able to do a very good breakdown of where the alcohol came from and how it got given to her by the staff and also by other people in the bar," explains Montgomery County Prosecutor Warren Diepraam.
Some are surprised that a customer can be charged.
"The criminal law can hold individuals accountable for providing alcohol to drunk or intoxicated individuals," explains Diepraam.
The video also shows Baukus leave, get into her truck and drive away. Just before 3:00 a.m. on June 29, 2012 Baukus was driving the wrong way on I-45. She slammed into a car killing 19-year-old Nicole Adams and 18-year-old Travis Saunders. David Porras was injured in that crash that killed his two best friends, but he survived.
Near the end of Baukus' intoxication manslaughter trial, Baukus changed her plea to guilty and the jury sentenced her to thirty eight years in prison.
Now it's clear she won't be the only one charged. After the crash Baukus had a blood alcohol level that was almost .30, that's nearly four times the legal limit.
"For a person to be given that amount of alcohol is ridiculous and we're going to continue to look into it," says Diepraam.
Duran is actually in the Harris County Jail serving 180-days on unrelated drug charges. Diepraam says he realizes normally it's the bar the law goes after but he says the Montgomery County District Attorney's office will use every legal tool possible, all for one reason. "To make sure the people of Montgomery County never have to go through anything like this again," says Diepraam.
The On The Rox Sports Bar and Grill, where Baukus was drinking that night, paid a $15,000 fine to TABC. The bar also paid out a $1 million dollar settlement to the families of the two deceased teens and to the survivor of the crash.