SAN ANTONIO - A San Antonio woman who was a victim in a serious drunken driving crash and was sent into early labor is angry the suspect who struck her car has gotten a chance to bond out while her baby is still in the hospital.
Ashley Losoya was hit nearly head-on June 22 on St. Cloud Road near Shadwell Drive. Pregnant at the time, she immediately began to feel disoriented. The crash caused her to bite her tongue, almost splitting it in half. Her stomach was bruised and she suffered a broken ankle.
Tears swelled up as Losoya recounted the chaos she remembers as she was rushed to the hospital and doctors worked to save her and her baby. Her 2-year-old daughter inside the car and in her car seat was safe but suffered minor bruises.
“My kids don't deserve to be without a mom and them seeing me going through pain, not being able to get up and play with them, or run up to them, be the person I used to be. Now, they just see me sitting down in a wheelchair,” she said.
Losoya returned from the hospital again after being admitted for a blood clot in her lung caused by medication and her inability to be mobile. She’s asking that the justice system do more to increase the bond for those involved in DWI crashes.
The police report showed that the person who hit her, Bryan Adams, told police he was on his way to an Alcoholics Anonymous meeting. The officer noted a strong odor of alcohol and bloodshot eyes.
The report said Adams failed a sobriety test and his blood alcohol content was .26, more than twice the legal limit. Online court records state Adams was released on $5,000 bond. A call to the Court Criminal Central Office shows there were no conditions set on his bond.
Judge Velia Meza, of the 226th district, said bonds are set to ensure a person appears in court. Magistrate judges look at the police report or affidavit available to understand the facts of the case.
Depending on how many victims and the severity of the case, among other things, generally, Meza said, a bond for DWI cases should usually range from about $30,000 to $50,000. Bonds can also be increased later in the district court level.
“It should also have a lot of special conditions that deal with DWI and intoxication offenses,” Meza said. “You know, as a judge, these are the ones that we're always afraid are going to come back to us, like, ‘Hey, you released someone and he reoffended and now look, five people were killed.’ So these are the ones that judges come down harder on.”
The San Antonio Municipal Court, which oversees the magistration process, said bond input is taken from the assistant district attorney and public defender who may be present at the hearing.
“A judge, in their capacity as a magistrate, will decide the bond amount on a case after reviewing a probable cause affidavit or police report and consider the level of offense, criminal history and any other pertinent facts of the case,” Meza said. “The magistrate may impose conditions of bond, such as ignition interlock, no-contact order of the victim, drug and alcohol testing, GPS monitor, house arrest or partial house arrest, etc. At the magistration hearing, the assistant district attorney and public defender who are present may recommend a bond amount and various conditions on a specific case. “
The following excepts is from Article 17.15. of the Code of Criminal Procedure, which is about rules for fixing amount of bail:
The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution and by the following rules:
1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an instrument of oppression.
3. The nature of the offense and the circumstances under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be taken upon this point.
5. The future safety of a victim of the alleged offense and the community shall be considered.
Losoya said she feels robbed of her birthing experience and quality time spent with her children. She also doesn’t know when her baby is coming home.
“They need to go harder on these drunk drivers because every day you see on the news something happening and drunk drivers taking an innocent life away or innocent people getting hurt because they have an easy way out. Bond is not that high,” she said.
Copyright 2019 by KSAT - All rights reserved.