Woman charged in wreck that killed 8-year-old League City girl

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scottm
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Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Fri Apr 21, 2017 1:10 pm

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Woman charged in wreck that killed 8-year-old League City girl
http://www.chron.com/neighborhood/bayar ... 086759.php
Erika Diebel, 41, faces charges of intoxication manslaughter with a vehicle.

League City police arrested Thursday a woman in connection with a car accident earlier this month that killed an 8-year-old girl, according to police.

The woman, 41-year-old Erika Diebel, faces charges of intoxication manslaughter with a vehicle, which is a second-degree felony.

Diebel is accused of slamming her Jeep Grand Cherokee into the back of a stopped Ford Expedition around 6 p.m. on April 6, in the 2600 block of West Main in League City, according to a sworn statement from investigators on the case.

Eight-year-old Kelsey Nalepa was sitting in the back seat of the Ford. Her injuries from the crash were fatal. She died April 8 at Memorial Hermann Hospital.

Diebel allowed law enforcement to draw her blood at the site of the collision. Lab reports found she had a blood alcohol content of 0.249 grams of alcohol per 100 milliliters of blood, according to court documents.

Diebel is being held on a $100,000 bail.
That's over 3x the legal blood alcohol limit in Texas (0.80).
This carries a 2-20 year jail term. Hopefully it's the latter.

It sounds like her ex-husband is suing for full custody of their two children.
It was suggested that this is not her first accident while under the influence.

#ErikaDiebel #ErikaNicoleDiebel #DUI #DWI #Murder #KelseyNalepa #RIP

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Fri Apr 21, 2017 11:04 pm

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Crash victim's family sues driver, automaker
http://www.galvnews.com/news/free/artic ... e76b0.html
The family of an 8-year-old League City girl who died after a car crash filed a wrongful-death lawsuit Thursday in Galveston County courts against a woman charged in the fatal collision and against the car manufacturer.

The lawsuit is the third legal battle facing Erika Diebel, 41, who was charged Thursday with intoxication manslaughter with a vehicle in the fatal crash.

The crash and subsequent charges also have become part of a child custody battle between Diebel and her former husband, according to court records.

Kelsey Nalepa died of injuries sustained in a crash April 6 in the 2600 block of West Main Street in League City.

Traffic was stopped in that block when Diebel drove her Jeep Grand Cherokee into a 2009 Ford Expedition, police said. The crash seriously injured Nalepa, police said.

She was flown to Memorial Hermann Hospital in Houston, where she was pronounced dead at 1:32 a.m. April 8.

No one else was injured in the crash.

Diebel consented to a blood-alcohol test and was taken to a University of Texas Medical Branch clinic in League City, where she gave the sample, according to an arrest affidavit released Thursday.

The alcohol content report from the Texas Department of Public Safety crime laboratory showed Diebel had a blood alcohol content of 0.249 grams per 100 milliliters of blood, according to the arrest affidavit. The legal limit is 0.08.

Diebel was arrested Thursday on the second-degree felony charge and was held on $100,000 bond, according to court records.

Diebel has a history of alcohol abuse, according to court records related to a child-custody case her former husband, William Byron Kerneckel, 41, reopened after the April 6 crash.

“Erika Nicole Diebel was on her way to pick up our son from karate at the time of the accident, and I have good reason to believe that Erika Nicole Diebel was drinking alcohol at or prior to the time of the accident,” Kerneckel alleged in the affidavit filed April 10.

Diebel had been drinking from noon to 5 p.m. April 6 to celebrate a friend’s birthday, Kerneckel alleged in the affidavit.

In January 2016 and February 2016, Kerneckel was called to the scenes of accidents to retrieve Diebel after she twice totaled vehicles while drinking-and-driving, according to the affidavit.

Diebel was not criminally charged in those alleged crashes, court records show.

Before being reopened on April 10, the divorce had been finalized in October 2011, court records show.

The lawsuit filed Thursday by Alton Todd, representing the Nalepa family, seeks damages of more than $1 million from Diebel and Ford Motor Company, court records show.

Diebel erred in driving while under the influence of alcohol and by failing to maintain proper speed and control of the vehicle, the lawsuit asserts.

Ford was negligent because the 2009 Expedition the family was driving was defective, the lawsuit asserts.

“As manufactured, the 2009 Ford Expedition was unreasonably dangerous in that the driver’s side seat failed and Kelsey Nalepa’s head came in contact with the back of the seat,” the lawsuit asserts.
Erika Diebel twice totaled cars while drinking and driving?
How is this lady still allowed to have a license and vehicle?
No worries -- she will be broke and behind bars really soon.

#ErikaDiebel #ErikaNicoleDiebel #DUI #DWI #Murder #KelseyNalepa #RIP

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Fri Apr 28, 2017 12:30 pm

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Case No. 17-CR-1105
http://publicaccess.co.galveston.tx.us/ ... ID=1334975
The State of Texas vs. ERIKA N DIEBEL
Charges: INTOXICATION MANSLAUGHTER W/VEHICLE
Statute: 49.08(b)
Level: Second Degree Felony
Date: 04/20/2017
Bond Docket 05/16/2017 @ 10:15 AM
Details on the criminal case for anyone following along.

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Tue May 16, 2017 8:22 pm

05/16/2017 ATTY STATED THAT DEFENDANT HAS SOBERLINK AND AN INTERLOCK INSTALLED
06/29/2017 PRE-INDICTMENT/DISCOVERY
Erika Diebel, who's BAC was 3x the legal limit when she killed an 8yo girl, had Soberlink on her vehicle?
Does this mean Soberlink is a really useless device, or did she have a friend help get her SUV started?

#ErikaDiebel #ErikaNicoleDiebel #DUI #DWI #Murder #KelseyNalepa #RIP #Soberlink

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Mon Sep 25, 2017 2:37 pm

01/29/2018 Jury Trial (9:00 AM) (Judicial Officer Grady, Patricia
The justice system certainly does not move swiftly. Hopefully its results are strong, though.

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by moPar_999 » Tue Sep 26, 2017 10:15 am

Tragic story. Poor little 8 year old girl.
That woman should have been banned from driving: "It has been suggested this has not been her first DUI"

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Wed Jan 03, 2018 3:01 pm

Looks like the trial date has slipped into next month.
02/16/2018 Pre-Trial Conference (10:30 AM) (Judicial Officer Grady, Patricia)
02/26/2018 Jury Trial (9:05 AM) (Judicial Officer Grady, Patricia)
Justice is certainly not swift. I wonder if I'll get a jury summons? :wink:

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Mon Feb 19, 2018 8:09 am

The trial date slid two more months. It'll be over 1 year since little Kelsey was killed.
04/13/2018 Pre-Trial Conference (10:30 AM) (Judicial Officer Grady, Patricia)
04/30/2018 Jury Trial (9:00 AM) (Judicial Officer Grady, Patricia)
Don't worry, Erika Diebel, we continue to #RememberKelsey. I hope justice is served.

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Mon Apr 30, 2018 6:03 pm

Justice certainly can be a slow moving beast. The trial date has slipped further again.
Though sounds like the State is adding Manslaughter to the Intoxication Manslaughter.
Erika Diebel was arrested again on this additional charge and had to post another bond.
05/25/2018 Pre-Trial Conference (10:30 AM) (Judicial Officer Grady, Patricia)
06/11/2018 Jury Trial (9:00 AM) (Judicial Officer Grady, Patricia)
Don't worry, Erika Diebel, we continue to #RememberKelsey. I hope justice is served.

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Wed Jun 20, 2018 7:07 pm

scottm wrote:
Mon Apr 30, 2018 6:03 pm
Don't worry, Erika Diebel, we continue to #RememberKelsey. I hope justice is served.
The jury trial has completed. Sadly, the jury is deadlocked right now. :evil:

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Wed Jun 20, 2018 10:17 pm

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Defense: Driver in 2017 crash death not intoxicated
https://www.galvnews.com/news/free/arti ... 36d9b.html
The trial of a League City woman accused in an April 2017 car crash that killed an 8-year-old girl opened Tuesday with a defense attorney arguing his client hadn’t been drunk and implying police misconduct influenced a blood test showing she was.

“No one wants a child to be harmed,” said Nicholas Poehl, the attorney representing the accused. “But you have to decide a case based on the facts. And the evidence is going to show she was not intoxicated and wasn’t driving recklessly.”

Poehl’s assertions were contrary to the prosecution’s argument.

Erika Diebel, 42, is charged with intoxication manslaughter with a vehicle and manslaughter in connection with the death of Kelsey Nalepa.

Diebel had been drinking all day while celebrating a friend’s birthday at Carrabba’s Italian Grill, and was on her way to pick her son up from karate practice when the accident happened, Assistant District Attorney Kacey Launius said.

Several of Diebel’s friends said she had been highly intoxicated before the accident, Launius said.

The crash occurred as Diebel was driving a 2015 Jeep Grand Cherokee east in the 2600 block of West Main Street, police said.

Eastbound traffic was stopped in that block, and a 2001 Ford Expedition was stopped directly in front of Diebel’s vehicle, police said. Diebel drove her Jeep into the back of the Expedition, seriously injuring Nalepa, police said.

Nalepa was flown to Memorial Hermann Hospital in Houston for treatment. She was pronounced dead April 8, 2017.

Diebel consented to a blood-alcohol test and was taken to a University of Texas Medical Branch clinic in League City, where she gave the sample, according to an arrest affidavit.

The alcohol content report from the Texas Department of Public Safety crime laboratory showed Diebel had a blood alcohol content of 0.249 grams per 100 milliliters of blood, according to the arrest affidavit. The legal limit is 0.08.

But Poehl in his opening statement struck back against the claims that she was intoxicated during the crash.

“A lot of the elements are not being contested,” Poehl said. “But you have to decide if she was intoxicated and if it caused Kelsey’s death.”

None of the officers at the scene that night thought Diebel was intoxicated and police department officials put out a statement the night of the wreck that they didn’t suspect alcohol was a factor, Poehl said.

Diebel was interviewed at the scene that night, but wasn’t charged with any violations at the scene, officials said.

The lead detective on the case also had a personal relationship with the Nalepa family that made it inappropriate for him to handle the investigation, Poehl said.

Diebel’s blood sample took six days to come back instead of the usual months and the detective said he was sure it would come back above the legal limit, Poehl said.

“You’ll have to decide what that means,” he said.
This was an article posted immediately before the trial started.
Looks like the defense suggests the BAC test was not accurate.

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Thu Jun 21, 2018 3:11 pm

Sounds like it has ended in a mistrial. We start this all over again. :evil:

#ErikaDiebel #DUI #DWI #Murder #KelseyNalepa #RIP #RememberKelsey

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Re: Woman charged in wreck that killed 8-year-old League City girl

Post by scottm » Mon Jul 09, 2018 3:50 pm

scottm wrote:
Thu Jun 21, 2018 3:11 pm
Sounds like it has ended in a mistrial. We start this all over again. :evil:
New trial date is set for 12/10/2018. Justice can certainly be slow. Hopefully it ends justly.

#ErikaDiebel #DUI #DWI #Murder #KelseyNalepa #RIP #RememberKelsey

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