Man arraigned for 3rd DWI, faces more charges in fatal crash - - Tyler, Longview, Jacksonville |ETX News

Man arraigned for 3rd DWI, faces more charges in fatal crash

By Bob Hallmark - bio | email
Posted by Ellen Krafve - bio | email

LONGVIEW, TX (KLTV) - An East Texas man is facing a prison stay for his third DWI, but could face even more charges if it is determined that he caused a fatal crash this past weekend.

With over a dozen arrests to his record, several alcohol related, Benjamin Capps, 28, stood relaxed and non-chalant as he was arraigned for his third DWI charge - a felony.

"It's hard to say whether or not they realize the severity of it or they don't care," says Precinct 1 Justice of the Peace B.H. Jamison, who arraigned Capps. "They may not realize the severity of what they're looking at."

White Oak police say Capps was involved in a deadly wreck on Saturday. The head-on collision killed John Pitner, 74, of Lindale.

At the scene of the accident on Highway 80 Saturday night, officers gave Capps a field sobriety test, a test he failed, and was placed under arrest for DWI.

According to the arrest affidavit, Capps had slurred speech and lack of motor skills.

"Bonds are increased to $250,000 as requested by the DA's office" said Jamison.

Charges in the accident are pending, and Capps could face another charge of intoxicated manslaughter, and a lengthy prison sentence.

"Probation used to be an option a lot of times in the past but it's getting less and less in these cases of DWI where there's accidents and injuries and juries have been a lot tougher on them," Jamison said.

Officials are waiting on a toxicology test to determine Capps's blood alcohol level at the time of the accident. On the DWI charge alone he faces a maximum of 10 years imprisonment.

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