Lawsuit filed in connection with fatal hit and run accident

Posted at 4:23 PM, Apr 11, 2018
and last updated 2018-04-11 17:23:57-04

The mothers of the two King High School students who were walking home from school when they were struck by a car are suing the man who was allegedly behind the wheel.

On March 27th, police say Elton Wayne Holmes, Jr. was driving down Staples Street when he hit 16-year-old Rai-ane Garza and 15-year-old Madicyn Knott. He then fled the scene and was later arrested on felony charges of an accident causing injury/death. Both girls were on the crosswalk on Staples Street and Mustang Trail. Garza died at the scene. Knott remains at Christus Spohn Shoreline where she continues to recover from her injuries.

According to court documents obtained by KRIS 6 News, Garza’s mother, Tanya Brown, and Knott’s mother, Brandy Wade are suing Holmes for $1 million. According to the lawsuit, Brown and Wade state Holmes operated his vehicle in a negligent manner. They also claim he failed to apply his brakes, sound his horn, control his speed, and yield the right of way to pedestrians in a crosswalk.

Garza’s mother, Tanya Brown, is seeking damages for mental anguish and loss of companionship from Rai-ane if she had lived. She would also like to be compensated for funeral expenses.

Knott’s mother, Brandy Wade is also seeking compensation for her daughter’s medical care and expenses. She is also asking for compensation for physical pain and suffering.

Holmes is currently being held in the Nueces County Jail. On April 3rd, Nueces County District Court Judge Sandra Watts ruled Holmes violated his pretrial bond conditions and revoked his bond.

The day before his hearing, Holmes admitted to a probation officer that he had violated the terms of his release by drinking alcohol. The probation official informed police of the violation, and Holmes was taken into custody.

A hearing is scheduled for Thursday in County Court at Law 2. Brown and Wade’s attorney, Curtis Fitzgerald, has filed a temporary injunction to assure that the Jeep Holmes was driving the day of the crash isn’t damaged or destroyed. He’s also asking that evidence collected at the scene not be tampered with or destroyed.?