Jessica Lauren Vass

Jennifer Le wiped away tears and sobbed when she sat on the witness stand in a Smith County courtroom on Tuesday and told a jury she only has two photographs of her mom and her 1-year-old son together because she thought there would be time to take more.

Le is one of three adult children of Annette Burkhart, 56, of Garland, who was killed along with Gary McCrary, 62, of Flint, when they were hit by a drunken driver as they changed a tire on the side of Toll 49, north of Texas Highway 64, in Smith County.

The driver, Jessica Lauren Vass, 36, whose blood alcohol content was .148, almost twice the legal limit, pleaded guilty on Monday to two counts of intoxication manslaughter and elected to have a jury hear testimony and decide her punishment.  

“She was both my mom and my dad,” Le said. “She will always be my everything. It means everything to me to be here and to speak for my mom and honor her like she deserves.”

Burkhart’s youngest son, Kyle, 24, said the last time he talked to his mother she asked him to watch a movie with her.

“I told her I couldn’t because I was busy with work,” Burkhart said. “I wish I would have done that with her. She was always there for me.” 

Her childhood friend Deborah Ybarra recalled Burkhart as a “beautiful friend”  who “took care of everyone and could cook like crazy.”

She gave great hugs and was enjoying being a grandmother of two, Ybarra said.

“She was taken away too soon. We can’t stop missing her,” she said. “I’m jealous of the angels because she’s with them and she should be here with us.”

Johnny McCrary  told the jury that his brother, Gary McCrary, 62, was known for his big smile and was the go-to guy in the family. 

He said “lost” is the only word that describes a 70-year-old man who has buried his baby brother.  

McCrary looked at photos of his brother as the Smith County prosecutor put them under a projector and showed them to the jury, who could sentence Vass up to 20 years in prison and a fine of up to $10,000.

“That’s the photo I have of him in my house,” Johnny McCrary said when Smith County Assistant District Attorney Jeff Bullock put a photo of his brother fishing from a wooden dock with the reflections of the sun showing on the lake. 

Vass wiped tears from her eyes and cried as she sat between her defense attorneys and looked across at the seven women and five men who were picked to decide her sentence. 

Bullock told the court Vass was out with friends and had been drinking on the night of the crash. Vass got a ride home from a friend, but got into her vehicle and left her home before hitting the two and flipping her vehicle on the roadway. 

Prior to the testimony of a Texas Department of Public Safety trooper and UT Health paramedic, the jury saw photos of the mangled vehicles at the crash scene and were told how the impacts and damages occurred.  

A DPS trooper said McCrary’s pickup was hit with a significant amount of force to move it about 75 yards into McCrary and Burkhart as they worked on her tire. 

He said there was hair and dents in the grill of McCrary’s vehicle. Bullock said the pickup hit one or both of them in the head as it rolled into them while they were legally parked and working on the tire. 

A UT Health paramedic testified he saw bystanders doing CPR on McCrary, but made the decision to stop the resuscitation efforts because he didn’t have a pulse and had fatal injuries.  

The eight-year veteran paramedic said his team took Vass to the hospital, where she was treated for back and neck pain. 

After Le’s testimony the state rested its case.

Vass’ defense team told the jury they are going to be told about Vass’ sobriety, hear from Vass’ probation officer, mental health provider, her children, boss, ex-husband and also listen to Vass’ personal testimony.  

Her lawyer reminded the jury that Vass likely is not going home after the trial, she’s either going to jail or prison, but the sentence should be unique for Vass and her crimes and this situation.  

Vass volunteered to have a personal alcohol detection device and a breathalyzer device in her car. The owner of the company testified Vass has had the devices for the last 17 months.

He said Vass has been sober for 522 days and has passed over 2,000 tests with no alcohol violations, but was late to take her tests about four times.  

Vass’ pretrial supervision officer said Vass has been compliant without any violations in all aspects of her bond conditions to include 55 urinalysis tests and paying all of her fees.

Vass sought mental health care and had her provider meet with her children to discuss the possibility of her going to prison.

Her therapist described Vass, who is employed as a physical therapist, as educated, willing to work and remorseful for her actions. 

Her doctor said Vass was suffering from acute stress disorder and he led her to developing coping skills and making plans for her employment and care for her children.

Vass also volunteered for a 26-week program called Smart Recovery and attended the program 69 times. He said Vass doesn’t minimize what happened and has willingly participated and willingly sought out programs.

Judge Jack Skeen elected to recess the court and reconvene Wednesday morning.