June 15, 2023 - A Shelby County jury in the 273rd Judicial District Court with the honorable Jim Payne presiding, has found Michael Masterson guilty on June 15, 2023 on all charges presented to them following a three-day trial.
Masterson was on trial for his involvement in the deaths of five people, including his own two children, and a third in his vehicle a step-daughter who was the daughter of David Hogan, as well as injury to another individual which took place August 16, 2020.
Following three days of testimony, the jury came to a decision after just over 30 minutes of deliberation.
The verdict was read on each charge against Masterson and they included five charges of manslaughter for which the jury found Masterson guilty regarding Mason Masterson (MM), Ella Masterson (EM), Mackenzie Parks (MP), Victoria Hogan (VH), and Sandra Parks. In addition, Masterson was found guilty of the charge aggravated assault with a deadly weapon against MP and the answer on the special issue verdict form on deadly weapon from the jury was “we do.”
During closing arguments John Price, County Attorney, who was assisting Karren Price, District Attorney, in the prosecution of the case reminded jurors of the expert testimony provided by Texas Department of Public Safety State Troopers who according to Price helped show beyond a reasonable doubt that Masterson was guilty of all the charges.
The first Trooper on scene that day was Keith Jones who determined unsafe speed and wrong side of roadway were the reasons for the crash.
Five members of the DPS reconstruction crew who participated in the examination of the scene later that night and Price explained they all testified Masterson was reckless in his actions which caused the crash.
Price reminded the jurors that during analysis by the troopers they were able to determine from the event data recorders (EDR) of both trucks involved what their speed had been. In the GMC driven by Mackenzie Parks the EDR showed it was traveling at 47.8 mph during the crash.
Masterson’s truck EDR recorded 78.3 mph, which was the speed the year model vehicle he was driving tapped out at; however, the vehicle's speedometer was locked at 83 mph and Price explained it was the opinion of Trooper Taylor Buster, as part of the reconstruction crew, the truck was traveling at around 80 mph. To corroborate this, Price explained that during the 5 second window of the EDR data it did indicate Masterson tapped the brakes on the truck, but there was no decrease in the speed to the vehicle. Price suggested what was even more important than the speed was Masterson’s vehicle was on the wrong side of the road as indicated by eyewitness accounts.
Sean Hightower, attorney for Masterson, argued this incident has been stated to have occurred in a matter of seconds while coming through a curve and up a hill. He said officers testified about the centrifugal force generated while traveling through a turn. Hightower stated the issue wasn’t whether it was reckless to travel at the speed Masterson was traveling with children in the vehicle, and that the subject at issue was whether Masterson was aware travel at the speed the truck was would cause the death of another.
Hightower stated the evidence proved Masterson was not aware and that was not his intent, or what he was trying to do. He continued by arguing Masterson didn’t make a conscious decision to travel through the curve and run into another vehicle.
Hightower said it was a horrific terrible accident and he encouraged the jury to go with the lesser included offense of criminally negligent homicide, because that was what the officer had originally suspected, and what Hightower said the reconstruction team later confirmed. He asked the jurors to look at all of the evidence in front of them and determine if Masterson was aware he was going to cause the deaths and injury to those involved.
Karren Price rebutted Hightower, saying it was Masterson’s actions and no one else’s which caused him to be operating the vehicle at speeds of 78 to 80 mph, and that it certainly wasn’t 55 mph.
She reminded the jurors of the testimony of the surviving passenger from Mackenzie Parks truck, her brother; and the driver who had been traveling just behind Parks who stated if it had not been the GMC it would have been her.
Price put the jurors right in the driver’s seat by asking them of their awareness when driving and if they are not aware of their actions when they depress the accelerator and what action it produces. She stated that what the jurors do after going into the juror room will forever define justice for the families.
After the jury verdicts were read, the trial went into the punishment phase and sentencing is projected to be determined Friday.
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