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Waitress Testifies Brent Was Not Drunk Night Of Deadly Crash

(credit: KTVT/KTXA) Jennifer Lindgren
Jennifer joined CBS 11 News in September 2013. For her, the move ...
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DALLAS (CBS 11 NEWS) - Day four of testimony in the Josh Brent intoxication manslaughter trial resumed with testimony brought forth by the prosecution.

Expert witness Tim Lovett, a crash analyst, was first on the stand.  Lovett examined Brent’s 2007 Mercedes after the crash.   He told the jury the vehicle had no mechanical errors prior to the crash.

Lovett echoed what Irving police said earlier, Brent was driving 110 mph.

Lovett told the jury that prior to the collision, Brent had the ability to go, stop and turn his vehicle, but that Brent was not operating his vehicle in as safe manner.

“At 110 mph, this wreck was going to occur in this area. We get to this point by the induction of alcohol in his system. It’s what we see in hundreds of accidents. You may have heard [the expression] we become bulletproof,” Lovett said.

Defense attorney Kevin Brooks argued in response that the wheels and rims of Josh Brent’s car were aftermarket, and could have caused the car to perform differently at some level.

When asked by the defense, Lovett told the jury he is being paid $250 an hour by the prosecution to testify.

Next up to the witness stand was Irving Police Officer Krista Meyer. Meyer told the jury she followed the ambulance carrying Jerry Brown to Parkland Hospital.  Once there, she snapped pictures for police evidence, of Brown’s body deceased at the hospital.

Defense attorney George Milner asked Meyer if driving too fast is a visual indicator of a potentially intoxicated driver.  Meyer answered No.

Eddie V’s waitress Ashley Price took the stand around 11 a.m. She is the cocktail waitress who served Brent, and four other Dallas Cowboys dinner and drinks in the bar area of the Oak Lawn restaurant.

Prosecutor Heath Harris brought up the $747.36 tab that was admitted to evidence on Tuesday.

Price described for the jury the drinks that were on the table that night: two bottles of wine, four glasses of wine, eight shots.  Brent also ordered two double pours of cognac, she said.

Price said Brent did not appear intoxicated while at the restaurant or when he left Eddie V’s at 11:30 p.m.

The next witness called by the prosecution was Maria Fimbres, former a bottle service waitress at Club Privae.

She is seen in surveillance video from December 2012, delivering a $250 bottle of Hennessy cognac to the private table occupied by Brent and other Cowboys players.

When Prosecutor Heath Harris asks, Fimbres tells him she cannot remember how many Cowboys were at the night club.

Fimbres also said she does not remember serving Brent a glass from a 750 mL bottle of Hennessy cognac, to which Harris produced a statement Fimbres gave to TABC shortly after the investigation began, saying she did in fact serve Brent the Hennessy.

During cross examination, lead defense attorney George Milner immediately asked Fimbres if she or any other waitress served Brent 17 drinks.  Fimbres said No.

Yesterday, a toxicologist testified that Brent would have consumed 17 drinks for his BAC to be .189.

Prosecutors say Brent also purchased three bottles of champagne at Privae.  Fimbres testified that there were 10 to 12 flutes on Brent’s table for the champagne, and that several girls in the club were stopping over to talk to the group, alluding that Brent himself did not consume all of it.

When asked about her history of contact with Brent, Fimbres told the courtroom that she’d met him through friends in July 2012.  Fimbres says, she’d seen Brent intoxicated months before the crash.  She told the courtroom his behavior on December 8, 2012, was different from the night she’d seen him drunk.

Prosecutor Heath Harris produced a 750 mL bottle of cognac, and asked the waitress if it was possible for people to self-serve without her knowledge.      She said yes.

Before lunch, Milner asked one final question for Fimbres: did she have any evidence that Josh Brent or anyone at the table self-served, and she said no.

Two members of the Dallas Cowboys appeared at the courthouse again Thursday around noon.  They are expected to testify later in the day.

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