HoweEnterprise.com
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October 31, 2022
Man that drove throughAngels of Care parking lot sentenced to 20 years for AggravatedAssault with a Deadly Weapon Darwood Kellett, 55, of Irving, Texas, was sentenced to 20 years in prison for Aggravated Assault with a Deadly Weapon and 10 years in prison for Possession of Methamphetamine 1-4 grams. The defendant was found guilty following a four-day jury trial in the 59th District Court. The same jury that found the defendant guilty also determined his sentence following the punishment phase of the trial. Judge Larry Phillips presided over the trial and pronounced sentence after the verdict. The defendant will not be eligible for parole until he serves at least half of the Aggravated Assault sentence. On January 20, 2021, Sherman Police responded to a 911 call about an 18wheeler which had left the roadway and crashed through the Angels of Care parking lot. An eyewitness reported the 18-wheeler was driving north on U.S. 75 when it began to leave the highway. The tractor trailer then traveled through the grassy median, across the access road, and into the parking lot of Angels of Care. The rig struck several vehicles in the parking lot before coming to a stop in a wooded area. Angels of Care worker Karen Mercado, of Gunter, was standing near her vehicle, suffered severe trauma and later died at a local hospital. The Sherman Police Department’s Critical Accident Investigation Team (CAIT) responded to the scene, along with the Texas Department of Public Safety. The investigation determined that the defendant did not apply the brakes or even steer the rig away from the parking lot. Evidence presented at trial showed the tractor trailer had no operational defects. Sherman Police later search the sleeper compartment of the rig and discovered a baggie con-
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taining 1.68 grams of methamphetamine. A D.P.S. Crime Lab analysis of the defendant’s blood showed he had a significant amount of methamphetamine in his system at the time of the accident. Assistant District Attorney Don Hoover stated, “The defendant denied responsibility for using methamphetamine and operating his 18-wheeler impaired, which took the life of an innocent woman. Instead, he blamed his traveling almost a quarter of a mile without braking, first, on a hung shoelace and later claimed he was choking on coffee. It is clear that the jurors did not believe him.” District Attorney Brett Smith added, “We commend the thorough investigation by both the Sherman Police and D.P.S. Operating a 35 ton truck on the interstate highway under the influence of methamphetamine is a recipe for disaster.” Kellett was prosecuted by Assistant District Attorney Don Hover. ADA Nathan Young, DA Legal Assistant Rose Erwin and Investigator Dennis Michael assisted in the prosecution.
