The Texas Court of Appeals has upheld the conviction of Lavillia Chantael Spry for intoxication manslaughter of a peace officer. The ruling, issued on October 30, 2026, confirms that Spry was driving under the influence when she struck and killed Sergeant R. Gutierrez, a deputy with the Harris County Sheriff's Office. This case highlights the serious consequences of impaired driving, particularly when it results in the death of law enforcement personnel.

Spry was convicted after a jury found her guilty of intoxication manslaughter, which is defined under Texas law as causing the death of another person while operating a vehicle in a public place while intoxicated. The court's decision to uphold the conviction is significant as it reinforces the legal standards surrounding intoxication manslaughter, especially in cases involving peace officers.

Background

The case began when Lavillia Chantael Spry was involved in a tragic incident in January 2022. Sergeant Gutierrez was working an extra job providing motorcycle escort for an oversized load on Beltway 8. He was directing traffic and ensuring the safety of both the convoy and the motoring public when he was struck by Spry’s vehicle.

Witnesses testified that Sergeant Gutierrez was wearing reflective gear and using a light stick to signal drivers. Despite his efforts to stop Spry, she did not heed his signals and struck him, dragging him under her vehicle for about 125 feet. Gutierrez sustained fatal injuries and died at the scene.

After the incident, Spry was arrested and showed clear signs of intoxication, including slurred speech and a high blood alcohol concentration of 0.164, which is significantly above the legal limit of 0.08. She was subsequently indicted for intoxication manslaughter of a peace officer, a charge that carries enhanced penalties due to the nature of the victim's role as a law enforcement officer.

The Ruling

The Texas Court of Appeals reviewed Spry's appeal, which raised several issues, including the sufficiency of the evidence to support her conviction and claims of ineffective assistance of counsel. The court ruled that the evidence presented at trial was legally sufficient to support the conviction. The judges noted, "A rational jury could have found beyond a reasonable doubt that Sergeant Gutierrez was acting in actual discharge of his official duties."

Additionally, the court addressed Spry's argument regarding ineffective assistance of counsel, stating that she failed to demonstrate how her trial counsel's performance affected the outcome of her trial. The court found that the issues raised did not undermine confidence in the verdict.

While the court upheld the conviction, it did modify the judgment to correct some clerical errors related to fees assessed against Spry. The court deleted a $100 EMS Trauma fine and reduced witness summoning fees, affirming the judgment in all other respects.

Impact

This ruling has significant implications for future cases involving intoxication manslaughter, particularly those involving peace officers. It reinforces the legal principle that officers performing their duties, even in secondary roles, are protected under enhanced penalties when their deaths result from intoxicated driving.

The court's decision also highlights the importance of adequate legal representation and the standards for proving ineffective assistance of counsel. The ruling serves as a reminder that defendants must clearly demonstrate how any alleged shortcomings in their counsel's performance impacted their case.

What's Next

Spry has the option to appeal the decision to a higher court, but the Texas Court of Appeals has affirmed her conviction and modified the judgment. There are no related cases pending that directly connect to this ruling.