DA To Ask For Revocation Of Faisst Probation - KLTV.com - Tyler, Longview, Jacksonville |ETX News

6/30/04-Tyler

DA To Ask For Revocation Of Faisst Probation

If Smith County's District Attorney has his way, Lindsay Faisst of Whitehouse, will go to prison for years. Faisst was put on 10 years probation for intoxication manslaughter.  She was seventeen and driving drunk in 2000 when her car crashed... killing her friend Ashley McCaa.

Just ten days ago, Faisst was a passenger in another fatal car crash that police say involved alcohol.  The district attorney says Faisst violated several terms of her probation including what she herself warned others about -- drinking.

District Attorney Matt Bingham: "Our standard is by a prepoderance of the evidence. Much lower than beyond a reasonable doubt."

Bingham says he will have no problem proving Lindsay Faisst did not live up to her agreement.

Bingham: "That being violating curfew and consuming alcohol. Both would be a direct violation of her probation."

Police say the crash June 20th involved alcohol. The driver, 21 year old Rebekah Rivera was killed. Faisst was not badly hurt.

But Faisst was behind the wheel New Year's Eve 2000, when having just passed a Whitehouse police officer, ran off the road on FM 346. There was little left of the car. Lindsay's friend Ashley McCaa died instantly.

Sentenced to 10 years probation, she spent two months in jail before her release. And she spoke to KLTV with a message.

"I just really hope that people listen to me when I say that its important you can not drink and drive... I know this is something I'm going to have to live with for the rest of my life and it is just really hard," Faisst said in August, 2000.

Now, Bingham says he'll have a message to the court.

"I think anyone on probation needs to understand that you're not entitled to probation, it is a privilege. You have violated the law, but are still given the opportunity to stay out in the community."

Bingham says he'll ask for the maximum punishment.  If Judge Kerry Russell agrees, Faisst will go to prison for the next ten years.

Morgan Palmer, reporting.

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