Kyle Gisler entered his pleas of guilty Monday in connection with the fatal wreck on May 29, 2009, that killed 72-year-old Antonio Nuncio and injured his 27-year-old granddaughter.
In exchange for his plea of guilty, Gisler, the son of a former Bee County deputy, and his attorney worked out an agreement with Raphael A. Guerrero, special prosecutor with the Office of Attorney General, to have the second degree felony charge of manslaughter reduced to misdemeanor reckless driving. The agreement became final in the courtroom of District Court Judge Mike Welborn.
The agreement calls for Gisler to remain on probation for two years in connection with the charge — the first of two related to the case.
Gisler also pleaded guilty to assault.
That charge, also a misdemeanor, was a reduction from the original 2011 indictment of aggravated assault with a deadly weapon.
In exchange for his plea, Gisler was sentenced again to two years community supervision. The sentences will concurrently.
The wreck
Gisler was an 18-year-old A.C. Jones High School senior about to graduate on May 29, 2009, when the 2005 Dodge Ram pickup he was driving struck the driver’s side door of a 2003 Ford Escape in the 1500 block of North Washington Street.
According to a police report filed at the time, Nuncio was pulling away from a stop sign from West Inez Street and turning left onto Washington Street when his vehicle was struck.
Gisler and a passenger, 19-year-old Casey Pargman, were in the pickup traveling south on North Washington Street.
BPD Detective Roland Rodriguez said shortly after the accident that Nuncio, a Skidmore resident, was killed instantly.
The granddaughter was taken to Christus Spohn Hospital Beeville complaining of pain in her side.
Gisler also was taken to the hospital for treatment of an injury to his hand, which apparently hit the windshield of the truck when the accident happened.
Beeville police officers investigating the accident were able to determine that Gisler and his passenger were not wearing their seat belts at the time of the accident.
Police Chief Joe Treviño later said the two were cited for that violation. The chief said Gisler also was ticketed for not having a current inspection sticker on the pickup.
A witness told a BPD officer at the scene that the pickup Gisler was driving appeared to be speeding.
Weeks later, accident investigators from the Texas Department of Public Safety were in Beeville looking for evidence that Gisler might have been speeding.
Treviño said later the results of that investigation were inconclusive.
According to court records, another reconstruction team was hired by Gisler’s attorney at a cost of $2,500.
Included in the court records was a subpoena for Oscar Cruz, an expert witness out of Brownsville with Major Incident Reconstruction Technologies.
His results were not included in the case file.
Cases of speeding
Included in the court documents of this case is paperwork showing a history of Gisler driving fast.
He was issued a citation by state troopers on Oct. 2, 2008, for driving at an unsafe speed in Bee County and again on Sept. 5, 2009, in Karnes County.
On Oct. 25, 2008, troopers issued him a warning for speeding in Bee County. Likewise, troopers working in Goliad County issued him a warning for speeding on Dec. 18, 2009, as did troopers working in Hale County on Jan. 4 of this year.
A motion filed Jan. 19 reads, “The def has been pulled over numerously and warned (verbally and in writing) by local law enforcement officers to drive more safely.
“These law enforcement officers have spoken to the defendant’s father, Craig Gisler, a fellow peace officer, to encourage his son to slow down while driving.
“The defendant has a reputation in the community for driving recklessly.”
This same document also listed another case of speeding.
“On or about Jan. 2, 2011, in Bee County..., the defendant committed the offense of reckless driving..., a misdemeanor, when he drove 117 mph when the speed limit was 65 mph on Hwy. 181.
“The defendant failed to stop when Bee County Deputy Cecil Daniels activated his headlights and sirens in an attempt to the get the defendant’s vehicle to stop.”
Jason Collins is the editor at the Bee-Picayune and can be reached at 358-2550, ext. 121, or at editor@mySouTex.com.
1. you are not allowed to drive 117 mph in a 70 mph zone even if you have your hazards on. You are especially not allowed to do it while FAILING to stop for the Deputy who is behind you with his lights and siren activated. Was his vehicle able to SAFELY operate at that speed (were his tires rated for that speed, high center of gravity. etc)?
2. Your second statement is an opinion, not a fact.
3. The other driver involved in the accident has the responsibility to STOP at the stop sign and NOT PROCEED into the intersection UNTIL it is SAFE TO DO SO.
First, let me state that I am sorry for your loss.It is indeed terrible to lose someone you love so suddenly.
If the AG had such good evidence, why was the case plea bargained down to a misdemeanor? Could it be that the evidence against Kyle was weak and that the AG "took what he could get?" The DPS investigation was inconclusive and they are very good at doing accident reconstruction.
There may have very well have been witnesses that saw your father stop at the stop sign. He, however, failed to make sure that it was safe to enter the lane of travel when he entered the roadway.
"unsafe speed in Bee County and again on Sept. 5, 2009, in Karnes County.Goliad County issued him a warning for speeding on Dec. 18, 2009, as did troopers working in Hale County on Jan. 4 of this year.A motion filed Jan. 19 reads, “The def has been pulled over numerously and warned (verbally and in writing) by local law enforcement officers to drive more safely.On or about Jan. 2, 2011, in Bee County..., the defendant committed the offense of reckless driving..., a misdemeanor, when he drove 117 mph when the speed limit was 65 mph on Hwy. 181."
WOW....Just a 2 year probation. Unbeleivable. To the family who lost their Father, Grand Father, Brother, and Friend all in one person "Sorry for your loss" God Bless.