Court reverses charge for New Years drunk driver, victim's family seeks justice

Questions continue to swirl around a deadly New Years Day drunk driving crash in Pasadena after the driver’s DWI charge was reversed. The family of the man who died in that crash spoke out, demanding justice at his funeral Monday.

James Hubbs, 24, died after his motorcycle crashed into a car on Genoa-Red Bluff Road at 3:30 a.m. on Wednesday. His family is asking why the court found “no probable cause” against the driver he crashed into—Stephen Rodriguez, 30– whose blood alcohol tested out at more than five times the legal limit, according to court documents.

“I just want justice,” said Shannon Hubbs, the victim's sister, who spoke at his funeral where family, friends, and members of his motorcycle club overflowed the room during his funeral service.

“He was all I had, and he was taken from me, and the guy got away,” said Karla Hubbs, the victim’s niece.

According to court records, Rodriguez’s blood was tested at the hospital after his crash. The results shows an ETOH, or blood alcohol content of .428. Rodriguez was charged with his third DWI—after DWIs In 2011 and 2013.

Then on Friday, hearing officer Jennifer Gaut signed off on the same court document, saying probable cause of a crime was not found.

“Just pure anger,” said Shannon Hubbs of her reaction to the court’s decision. “How can that be when you’re under the influence driving? How can this be? Did you just walk away? And it to be the third DWI?”

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The Harris County District Clerk’s office says the case has not been officially dismissed. Depending on what the DA’s office does next, the case could end up in the hands of a grand jury.

“I won’t give up,” said Shannon Hubbs. “I will fight and fight, ‘cause he has no voice anymore.”

As for James Hubbs, police say he was going at a “high rate of speed” when the crash happened. He leaves behind a 2-month-old daughter.

“Jamie already paid his consequence,” said Karla Hubbs. “He doesn’t get to see Sarah grow up.”

As for Rodriguez, he is not in jail as his case hangs in limbo. Court records show he lives blocks away from this crash scene. No one answered when FOX 26 stopped by his house Monday.