An Austin County jury convicted Irby Allison, 64, of felony driving while intoxicated in Judge Jeff Steinhauser’s 155th Judicial District Court on Nov. 8.
Jurors deliberated approximately two hours before finding Allison guilty. Allison elected to have the jury assess punishment on the felony charge. After punishment evidence was presented, the jury deliberated about 25 minutes and sentenced him to 12 years imprisonment in the Texas Department of Criminal Justice.
Assistant District Attorney Ben Nystrom prosecuted Allison with help from First Assistant District Attorney Brandy Robinson and legal assistant Lisa Tobola. Austin County Defense Attorney John Anderson represented Allison.
At trial, Nystrom presented evidence that on Oct. 8, 2017, at 1:15 a.m., DPS trooper Louis Gabler arrested Allison for driving while intoxicated on north Interstate 10 Frontage Road near the 723 milepost in Austin County.
Nystrom also presented evidence that showed Allison was a repeat offender. Allison was convicted in 2007 of intoxication manslaughter and intoxication assault in Kendall County and sentenced to 10 years in prison. In 2007, Allison was intoxicated when he crashed his truck into another vehicle, killing a young and seriously injuring a woman. Those prior offenses enhanced his current DWI to a felony punishable by up to 20 years in prison. Punishment evidence also showed he had been convicted of DWI in 2001, 1992, and 1983, making Allison’s current Austin County case his fifth DWI offense.
“Allison represents one of the worst types of dangers to our community. His previous victims did nothing more than share the road with him and could have easily been any of us,” Nystrom said. “Allison’s repeated behavior over the decades shows he does not care who he hurts.”
“This jury’s sentence assures that he will not be able to hurt anyone else for a long time,” Nystrom added.
“We’re grateful to everyone involved in the prosecution of this case. The parents of the man Allison killed in 2007 came from Laredo to testify during punishment,” District Attorney Travis Koehn said.
“We appreciate DPS trooper Louis Gabler who arrested Allison before he could kill or injure anyone else,” Koehn added. “Texas roads will be safer while Irby Allison is in prison.”