Porter receives probated sentence for manslaughter
Jury acquits teenager on one charge while he pleads guilty to count two
By LISA CARNLEY Staff Writer

Kory Porter

A former Lampasas High School student originally charged with intoxication manslaughter and reckless conduct -- both second-degree felonies -- was found guilty in 27th District Court of manslaughter and not guilty of intoxication manslaughter.

The verdict against Kory Porter was handed down by jurors last Wednesday night at 11 p.m., after a trial that began Oct. 22.

After he was found not guilty on count one, jurors were instructed to accept Porter's guilty plea, which he entered at the start of the trial, on count two.

And after several hours of testimony from witnesses, jurors returned the punishment verdict Thursday at 8:45 p.m.

Porter, who could have faced two to 20 years in jail and up to a $10,000 fine, was sentenced to an eight-year jail term, probated to eight years and fined $8,000, which also was probated.

He faces a Dec. 7 presentence investigation, at which time the judge can impose specific terms and conditions as part of the probation, said Lampasas County Attorney Larry Allison, who prosecuted the case for the state.

Porter was represented by Waco attorney Abel Reyna, who said the verdict was fair and just.

Porter was on trial for the Feb. 24 death of Jordan Brittnie Evans, a 16-year-old LHS sophomore.

Charges stemmed from a one-vehicle accident about six-tenths of a mile south of U.S. Highway 190 in which Miss Evans was killed and four other LHS students were injured.

Porter, 17, at the time of the accident, was a junior at LHS.

A report filed by the Texas Department of Public Safety at the time of the accident states that a 2001 Dodge Dakota pickup, driven by Porter, was northbound on FM 3170 and was traveling too fast to negotiate safely a left-hand curve in the roadway.

Porter's vehicle drifted off the east side of the road, and the driver overcorrected to the left and crossed into the oncoming lane of traffic.

Porter then overcorrected to the right, and the pickup skidded down an embankment, where it struck a stock fence and a utility pole.

The report states the vehicle rolled and came to rest on its top.

Miss Evans was pronounced dead at the scene, while Porter and three other teens were transported to various medical facilities for treatment.

Allison said Porter was charged with reckless conduct because of his alleged consumption of alcohol, excessive speed, failure to control speed and driving with five people in a vehicle with three seat belts.

The county attorney said the teen admitted he was driving at least 80 to 85 miles per hour, and during testimony it was discovered several of the girls in the vehicle had asked Porter to pull over to let them drive.

Allison said Porter's blood-alcohol level, taken less than an hour after the accident, measured .083, just over the legal limit of .08.

Blood drawn by the Department of Public Safety several hours afterward showed his blood-alcohol level at .04. The body eliminates alcohol at a rate of about .02 per hour, Allison said.

Of the punishment, the county attorney said it is reasonable, considering the circumstances. "It was one of the expected options that I believed could have been the outcome. Kory had lots of support from the community and from teachers, and he had not been in any trouble in the past.

"Jurors felt that prison time would not serve a purpose in this case.

"The case was straight-forward regarding recklessness," added Allison. "The intoxication question was not as clear as I would have wanted it to be. We didn't have a lot of evidence to support the issue of intoxication."

Porter's attorney, Reyna, said he believes the jury really deliberated about the guilt and innocence and punishment of his client.

"They saw this for what it was -- a horrible, horrible accident. Kory admitted to the recklessness of his conduct, and he pled guilty to that."

But the jury agreed there was not enough evidence to prove Porter was intoxicated beyond a reasonable doubt, the defense attorney said. That's when jurors moved to the second count and found Porter guilty, after they were instructed to do so because of the teen's earlier plea, said Reyna.

In the sentencing phase, Allison asked for prison time to be assessed, Reyna explained, with the idea that a death resulted from the accident.

"The law basically gives the jury a range of punishment, and in that, considers that someone died."

Said Reyna: "I wanted some good, somehow, to come out of the incident for Kory and Jordan, in that other youths can see this tragedy can happen to anyone, anytime, and that they are not invincible.

"If jurors had just sent him to prison, this trial, Jordan's death and Kory Porter would all be forgotten in six months," he said, adding that the outcome gives Porter the opportunity to make people understand the consequences of his recklessness.

"If Kory goes out and talks about how his conduct caused her (Miss Evans') death, and it forces just one person to slow down or not to start a car unless everyone is wearing a seat belt, that is the good that can come out of this."

Reyna said although that public speaking commitment is not a term of Porter's probation, the judge could add it to the teen's sentence. "We are working on getting that done. We think it's important that he speak to other people about this, and let them know it can and does happen."

The Waco attorney said those who know Porter realize he is a youth who takes his responsibilities seriously and has a plan for his life.

"Kory has never been in trouble before. He is more than just that kid who drove too fast and was reckless. That's not who he is. His conduct on the night of the accident and the decisions he made were all exceptions to who Kory Porter is.

"The jury saw this was just a horrible accident, and that it could have been any of their children who got killed, or their children who could have been driving."