Montgomery County police officer was speeding in crash that killed his partner, DPS report says

CONROE, Texas (KTRK) – An accident report obtained by Eyewitness News on Thursday shows that a Montgomery County sheriff’s deputy “was not controlling his speed” when he collided with a semi-trailer truck in February, killing a fellow officer.

The impact caused the SUV driven by County Officer James Francis to overturn. Deputy Charles Rivette, who had worked for the Sheriff’s Office for 18 years, was thrown from the passenger seat and struck by another vehicle. The initial collision set off a chain reaction that eventually involved a total of five vehicles.

The accident occurred on February 21 on I-45 in Centerville, about 115 miles north of Houston. Francis and Rivette were escorting a prisoner from Oklahoma to Montgomery County at the time.

No charges were filed in connection with the accident, nor was Francis charged with speeding.

DPS told Eyewitness News that the accident is still under investigation and that whether a ticket will be issued will be at the discretion of the investigating officer.

The Montgomery County Sheriff’s Office told Eyewitness News it had not had an opportunity to review the report, which Eyewitness News subsequently provided.

Attorney Brent Mayr, who has tried cases involving traffic accidents, said that even if Francis’ negligence is proven, investigators would have to find extreme negligence to justify charges.

“The term the law uses deviates grossly from what a normal person would do under the circumstances. People regularly drive too fast,” Mayr said.

If Francis ultimately receives a subpoena, it would likely happen after the investigation is complete, Mayr said.

“Once they say, ‘We’ve learned everything there is to know about this,’ then maybe that’s all that happens, a subpoena,” he said.

The accident report lists the speed limit as 75 miles per hour, but does not mention how fast Francis was driving.

It also notes that he was not tested for alcohol or drugs. Mayr said these tests are often done after fatal accidents, but not always.

“I think in this particular case they didn’t ask for a sample because they really had no reason to even suspect that impairment was a problem,” he said.

The sheriff’s office said an internal investigation is underway and that Francis remains unavailable for duty due to workers’ compensation.

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