A wreck in late March 2009 that left a Bastrop High School teenager dead has become the subject of a wrongful death lawsuit filed in Bastrop County Aug. 31.

The suit, filed by Cheryl King and Bobby King, parents of Audrey King, who was 17 at the time of her death, names as defendants Bastrop resident and former Texas Supreme Court chief justice Thomas Phillips, his wife Marilyn, their son Daniel, and Scott and Glenda Halbert, owners of Country Corner, a convenience store located in Bastrop. Additionally named in the suit are Point Horizon Properties and Kiego LLC, or Beverage Barn.

Audrey King was killed March 31, 2009 when a Nissan Infinity that was northbound on Waugh Way and driven by 16-year-old Amanda Marek left the right side of the road and struck several trees on the passenger side, according to DPS reports. Marek lost control of the vehicle and crossed over to the opposite side of Waugh Way and struck another tree, the report stated. The accident occurred at 2 a.m.

In the original DPS report, King was reportedly the driver of the vehicle, but efforts by King’s mother, Cheryl King, to clear her daughter’s name resulted in a revised report, naming Marek as the driver.

“Amanda Marek was discovered to be the driver after a joint investigation with TABC,” said DPS Trooper Raymond Bradshaw in September 2009.

According to Cheryl King, witnesses to the accident allegedly provided false statements to the police.

“I’m just glad that my daughter was cleared,” King said at the time. “I want people to know that she was not driving.”

At the time of the accident, DPS Sgt. Tony Thompson said he believed “speed and alcohol were factors” in the wreck because there was “the smell of an alcoholic beverage in the vehicle and open containers were found in the vehicle.”

Lawsuit

The Kings allege in the suit that on March 30, 2009, several Bastrop County minors purchased alcohol from the Beverage Barn and Country Corner convenience stores. The minors, including Audrey King, then reportedly proceeded to the Phillips’ home, where they consumed “mass quantities of alcohol over several hours.”

According to the suit, the King’s allege the Phillips’ house was well-known in the Bastrop community as the location of frequent underage drinking parties and that the Bastrop police had been called to the home “numerous” times to break these parties up. The Bastrop Advertiser has filed an open records request with the Bastrop Police Department to determine if the Bastrop police have responded to the residence in the last five years.

On that particular night, the suit alleges that Tom and Marilyn Phillips were aware there was a party going on in their backyard and that minors were drinking alcohol. At some point, according to the suit, Marilyn Phillips confronted her son Daniel about the party being too loud and yelled “I am sick of these kids partying here all the time.” She then allegedly forced the reportedly intoxicated kids to leave the home, and minutes later, Audrey King was killed.

A statement released by the Phillips’ attorney, Richard Mithoff of Houston’s Mithoff Law Firm, denies that the couple was aware of the partying.

“Tom and Lyn Phillips were profoundly saddened to learn of Audrey King’s tragic death and distressed to learn that she had been at their home the evening before. Her family has their heartfelt sympathy,” the statement reads. “Neither Judge nor Mrs. Phillips served or provided alcohol to anyone on the night before the accident. Nor did they knowingly allow anyone to consume alcohol or to become intoxicated on their premises. Judge and Mrs. Phillips did not know Audrey had been a guest in their carriage house or anywhere else on their property that evening. Judge and Mrs. Phillips deny any allegations suggesting otherwise.”

Capt. Robert Saenz with the Texas Alcohol and Beverage Commission said that agency’s investigation into the incident is still ongoing.

“We have found the source of the alcohol and preliminary findings indicate the Phillips were not the source of the alcohol,” Saenz said. “Our main concern is finding who furnished the alcohol consumed.”

According to TABC civil code 2.02 it is an offense for anyone over the age of 21 to knowingly allow a minor to be served or provided alcoholic beverages that contributed to the minor’s intoxication on premises owned or leased by the adult.

“The biggest hurdle to prove is the word ‘knowingly’,” Saenz said. “Unless you have a confession it is very difficult to prove.”

Saenz said the TABC’s report should be completed by the end of September.

The plaintiffs

Cheryl King and Bobby King are represented by Dax Faubus of Houston’s  Faubus & Scarborough law firm. Faubus is a 1986 BHS graduate.

The couple, filing individually, are asking for a jury trial.

“It’s standard to want these kind of cases heard by a jury,” Faubus said. “A jury of the Phillips’ peers will be very unhappy with their conduct.”

Faubus said he was home in Bastrop for Christmas when he heard about the case.

“I talked to Cheryl for a long time,” he said. “I told her something needed to be done. I was just blown away that nothing had happened in a year. I asked her and she agreed to let me take on this case so we could expose what is going on here.”

Faubus said he had numerous statements from kids who were at the Phillips’ residence that night, and many who had been regular visitors to the home.

“They all confirmed the exact same story,” he said, “without leading questions from me.”

Faubus said that at one point that night, one of the boys got into his car and started revving the engine. Shortly afterwards is when Marilyn Phillips came outside and ordered the kids to leave, Faubus said.

“Every one of these kids told me they have no reservations about drinking at the Phillips’ house,” he said. “It was no secret to anyone at that house. I’m not at all concerned about proving that the Phillips’ had knowledge.”

Faubus said the King’s did not name the driver of vehicle, Amanda Marek, in their suit because they don’t believe she was at fault.

“The bottom line is I believe Amanda Marek is a victim of the Phillips’ conduct as much as everyone else,” he said. “These girls had no intention of leaving. They had been invited to spend the night at the carriage house. Kids had stayed at the carriage house many times over the years.”