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Manslaughter charge reduced to misdemeanor
by Jason Collins
May 09, 2012 | 5423 views | 18 18 comments | 21 21 recommendations | email to a friend | print
BEEVILLE – A young man who admitted responsibility for a wreck that left one dead and injured another was given two years probation and his charges reduced from felonies to misdemeanors.

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.
Comments
(18)
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throwaway123
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June 29, 2012
everyone has an opinion on the matter which luckily shouldn't matter when it comes to the law. He had an expired sticker, he has a history of speeding, he got a slap on the wrist. Change the name of the victim to someone your related to and then tell me about how the law should work.
jj78102
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May 26, 2012
Wow Guess they saying ( it's all about who you know) is true. Guy got off Lucky for killing someone!!
exbeevilleresident
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May 12, 2012
What were the occupations of the fathers of the deceased and the other passengerin the car? What is the occupation of the father of the female passenger in Gisler's vehicle? If you are going to focus on just Gisler's father being a law enforcement officer, you are being biased in your reporting. Whatever happened to just reporting thefacts and letting the reader draw his own conclusions? If the reporter wants to inject his opinion into the article, isn't that called an editorial?
May2012
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May 11, 2012
For all you people that are posting hateful comments about the young man in this article, you should check you facts before you post your comments. I happen to personally know this young man and his family and they are extremely good people. What the paper printed and what is the truth are to entirely different things. There was a reason he was driving 117 and that was to take some to the E.R., fact he had his hazards on to let to let the cop know. Fact two, he isn't a reckless driver in fact one of the best that I know. Fact three this wreck wasn't his fault the other driver pulled at in front of him by running a stop sign. So as I previously stated above check your facts before you trash someone and remember that the young man has to live with this the rest of his life that he was involved in a fatal crash, that is not living a free life. May God Bless!
missingudad
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May 11, 2012
You have stated wrong facts. First our Attornys and the A.G, had so many wittness that seen my Father come to a stop at the stop sign and many wittness that seen Kyle speeding. Many wittness that had seen him drive reckless before the accident and after. So shame on you for making that false statement about my Father.

the_bloger
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May 11, 2012
heres the facts kyle had the right away here. heres whats not fact he might have not been speed ...... hmmmm
the_bloger
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May 11, 2012
speeding*
exbeevilleresident
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May 11, 2012
May2012 to fact check your facts:

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.

exbeevilleresident
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May 12, 2012
missingudad:

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.
SanAntonio42
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May 23, 2012
So you are saying the dates and events the news paper are quoting are just a milicious attack on the driver? Why would the paper put themselves in a situation to become like the Enquirer. I find this a little hard to believe. I can understand there may be a slip up once in a blue moon, we are human. Blatenly writing about someone and making it non factual can cause alot of problems. The paper would have alot to loose from this. If it is all false why does'nt anyone take action? If the times after and before the accident were of speeding....why does he still have a liscence? If he did not speed, then it was justified. I still fail to understand why the news paper would print findings that did not exist. This I still find hard to believe. How do we know what you are saying is a fact?
jj78102
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July 02, 2012
we did check the facts and the bottom line- is that he got away with murder. plain and simple.
Missingmysstepfather
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December 04, 2012
I pray one of your "family members" isn't one of his next victims as was mine. I also pray he doesn't lose one of "his family members" to a speeding idiot like we have, because only then will he realize "exactly" the "pain" his recklessness has done to my family. May God Bless!
SanAntonio42
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May 10, 2012
From what the records are say about all the speedings and reckless driving, why does this individual still have a drivers liscence. Speedings after May 2009:

"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.

missingudad
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May 10, 2012
The lost of my Father was and still is heart breaking, but the charges being reduce to a misdemeanor and 2 year probation, is heart wrenching !!!
texas123
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May 10, 2012
Is it just me or does it seem like the fact that the kid is a "son of a former deputy" weaseled his way out of justice. This poor family...and will this kid continue with his reckless driving? Sometimes jail time and a permanent record will teach a lesson. I don't want to hear that another innocent life has been taken on behalf of his senseless behavior...