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Stephen B.

Tyler
CRIMINAL DISTRICT ATTORNEY
205 N. BRIDGE, SUITE 301
VICTORIA, TEXAS 77901-8085
Phone: (361) 575-0468
Fax: (361) 576-4139

23 June 2017

Offc. Mark Hayden


VPD- Traffic Safety
306 S. Bridge St.
Victoria, TX

RE: 2017-003521 Jason Scott Bardas

Dear Officer Hayden,

I have received your referral of charges for negligent homicide against Jason Scott
Bardas involving the death of Steve Anthony Flores. I will address the evidence collected and
criminal liability. I will not address inferred evidence, civil liability, or moral liability. My
analysis begins with what reasonable suspicion of criminality has been established and how, if at
all, that inculpates the accused relative to the charge presented.
Texas Transportation Code Sections 551.403 and 551.404 govern the use of golf carts on
public roadways. Although the state law restricts usage to roadways with a posted speed not
more than 35 mph, during daylight and within two miles from usual parking, Section 551.404
defers to municipal codes. City of Victoria Ordinance 17.2 does not definitively preclude greater
use. Arguably, since the city ordinance is ambiguous or mute, the operation of the golf cart at the
time and location in this matter was in violation of Transportation Code Section 551.403. This
constitutes reasonable suspicion; if it were in an officers presence, it would be probable cause of
a citable Class C Misdemeanor offense. Code Crim. Proc. Ann. art. 14.01.
The investigation did not find evidence of foul play rather the investigation tended to
eliminate intoxication (of the accused), as well as any intentional or reckless causations.
Considering the statements of the three other persons, the random pizza delivery man, the third
party security camera, the blood/ urine toxicology, the medical examiners report, and the
responding EMS staff there is no evidence beside the fall and roadway as sources of the
abrasion, contusions and fracture. The collected statements and evidence are consistent with
accident only. The remaining question is was there criminal negligence causing this accident.
Texas Penal Code Section 19.05 states: A person commits an offense if he causes the
death of an individual by criminal negligence. Criminal causation is defined by Texas Penal
Code Section 6.04 states: A person is criminally responsible if the result would not have
occurred but for his conduct, operating either alone or concurrently with another cause, unless
the concurrent cause was clearly sufficient to produce the result and the conduct of the actor
clearly insufficient. In this case, a fall by an intoxicated person (loss of normal physical and
mental faculties) of his own volition is such a concurrent cause independently sufficient to
produce these results.

Legal Analysis of Declined Case Page 1 of 2


Further, Penal Code Section 6.03(d) defines criminal negligence as follows: A person
acts with criminal negligence, or is criminally negligent, with respect to circumstances
surrounding his conduct or the result of his conduct when he ought to be aware of a substantial
and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of
such a nature and degree that the failure to perceive it constitutes a gross deviation from the
standard of care that an ordinary person would exercise under all the circumstances as viewed
from the actor's standpoint. In the present circumstances I do not believe, but more importantly
I do not believe I could seat twelve jurors who would believe, that the operation of the golf cart
as witnessed and recorded created a substantial and unjustifiable risk that death would result such
that failure to recognize that risk was a gross deviation from an ordinary persons care.
In summary, the operation of the golf cart did not create risk of death foreseeable to the
ordinary person; and the operation in darkness and/or more than two miles from its parking were
NOT proximate causes (but for cause) of the decedents fall and subsequent injury; however
the decedents loss of mental and physical faculties was a concurrent and sufficient cause.
Therefore, any negligence on the part of the golf cart operator was NOT the criminal causation
sufficient to establish criminal liability for Criminally Negligent Homicide under Texas Penal
Code Section 19.05. Having made such findings, I decline the case as presented, until and unless
there is some new evidence prosecution will not be pursued.
If further evidence is discovered or developed please contact me at my office.

Sincerely,

_____________________________
STEPHEN B. TYLER
Criminal District Attorney
Victoria County, Texas
205 N. Bridge St., Suite 301
Victoria, Texas 77901
Cc:
Alberto Flores, Jr. David Flores, Jr.
607 Fillmore Ave. 607 Fillmore Ave.
Apt. 1903 Apt. 1903
Victoria, Texas 77901 Victoria, Texas 77901

John & Sylvia Bowman Corina Flores


310 Rouen 607 Fillmore Ave.
Port Lavaca, Texas 77979 Apt. 1903
Victoria, Texas 77901
Stephanie Flores
10026 S. Whimbrel Cir. Lori Sugaki
Conroe, Texas 77385 114 Banyan Ct.
Victoria, Texas 77901
Davy Sin
607 Fillmore Ave.
Apt. 1903
Victoria, Texas 77901

Legal Analysis of Declined Case Page 2 of 2

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