ETX man gets two 8-year sentences for fatal 2010 wreck

Gregg County Sheriff's Office
Tuesday, October 1, 2013 - 1:06pm

A man who was facing a felony DWI charge when he crashed into a couple, killing the husband, pleaded guilty Monday to manslaughter and aggravated assault arising from the February 2010 wreck.

The two, eight-year terms handed to Benjamin Chase Capps, 31, will run at the same time — and at the same time as the 20-year sentence he is now serving for the unrelated driving while intoxicated conviction.

“I’m not satisfied with it at all,” Marshall Pitner, brother of the late John Frank Pitner, said after District Judge David Brabham accepted Capps’ twin guilty pleas. “(Prosecutors) thought it was the best (they could get).”

Capps, of White Oak, faced from two to 20 years in prison for each of the two charges, plus fines of up to $10,000.

Pitner said prosecutors told him the case was complicated by potential difficulty in proving Capps was under the influence of prescription drugs when he crossed a median and struck a vehicle Pitner and his wife, Barbara, were driving. The couple had been en route from their home in Lindale to visit Marshall Pitner in Longview.

Read more from the Longview News-Journal.


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