Zachary Brewer's lawyer claims evidence to convict is not there

Brewer facing intoxication assault charges

SAN ANTONIO – During closing arguments Thursday in the intoxication assault trial of Zachary Song Brewer, 24, his lawyer insisted that the state's evidence was not sufficient to merit a conviction.

"Not one witness has been able to tell you what Mr. Brewer's alcohol level was (at) the time of the accident," Brewer's attorney Adrian Perez told the jury.

As he had done throughout the trial, Perez insisted that the blood draw done at the hospital following a wrong-way wreck on the TPC Parkway last November was not done or documented properly.

Prosecutor Eric Fuchs countered, reminding the jury that testimony showed Brewer's blood alcohol level was 0.19 percent one hour after the accident. He also added that the tests done at the hospital where Brewer was being treated for non-life-threatening injuries were done properly.

Brewer testified on Wednesday that he and his friend, Jaime Hernandez, had been drinking at a Northside bar on the evening of Nov. 14, 2013.

Brewer said that as he was giving Hernandez a ride home, Hernandez dropped his phone and Brewer lost control of his car while trying to pick it up and entered the parkway going the wrong way.

His car crashed into two oncoming vehicles. No one in either of those vehicles was seriously hurt, but Hernandez suffered critical injuries.

"This defendant's story just doesn't add up," Fuchs said. "But all of the other evidence does. He's guilty because it was his intoxication that caused the crash."


About the Author:

Paul Venema is a courthouse reporter for KSAT with more than 25 years experience in the role.