Nowlin not liable for damages in 2012 accident

By Jessica Coleman
Staff Writer    

     An Edna Man was found not  liable for damages in the 2012 death of truck driver Sylvester Boone of Markham. 

    Delbert Nowlin III was driving his Chevy Silverado 1500 southbound on S. Wells St. just after 6 a.m. on March 8, 2012 when he struck crossing pedestrian Boone, who was returning from Gary’s Corner Store to his 18-wheeler, which was parked across the street. 

    Justin Ham, a pastor from La Ward, testified that he was the first person on the scene, having witnessed the incident.     Ham stated that he was driving northbound on Wells St. on his way to to work at D&S Lease Service in Victoria that morning, and that it was  “strangely dark.” Ham stated he had seen what he thought was “a trash bag or a feed sack” soar across the road, causing him to slow down in order to miss the object.

    The “object” turned out to be Boone, having been struck by Nowlin’s vehicle, and propelled toward the shoulder of the road, near the rear end of his 18 wheeler.

    Ham also testified that Nowlin immediately pulled into a nearby parking lot and returned to the scene while Ham rushed to aid Boone.

    “I just talked to [Boone],” said Ham, “He never responded.”

    Boone was pronounced dead at the scene.

    Edna Police Officer  Luis Chavez also testified on the specifics of the day, including the weather conditions and road conditions. Reports from the day of the incident said that the weather was misty, but that the road conditions were dry.

    Chavez also recalled his report in which he noted that Nowlin was very distressed after the incident.

    Other witnesses included  family members of Boone, and Trooper Stephen Gray of the Texas Department of Public Safety. 

    A Jackson County jury heard arguments and ruled in favor of Nowlin.