Wrongful Death Blog

A 25 year old was shot and killed in an ongoing dispute between neighbors at an apartment complex in far southern Dallas.

Police found Neiman Demarcus Derrough of Dallas wounded in an apartment around 1 a.m. in the 5900 block of Highland Village Drive, near Bonnie View and Simpson Stuart roads.

He was taken to Baylor University Medical Center at Dallas, where he later died.

Another man, who was trying to calm the situation, was also transported to Baylor with gunshot wounds, police said. The man, who wasn’t identified, was expected to survive.

Police said the shooting stemmed from a longstanding quarrel between the residents in two apartments at the complex and that several witnesses are being interviewed.

A description of the shooter wasn’t immediately available, but police said the suspect is likely known by several witnesses.

If you are a victim of personal injury, auto accident, motorcycle accident, etc., please contact The Law Office of Fears & Nachawati at 1(866) 705-7584 for your free consultation.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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A two year old girl drowned in a hot tub in Double Oak on Wednesday less than five minutes after family members saw her eating a snack inside the house.

The death struck the family of Aliyeh Hashemi just over a year after another tragedy – the April 2010 robbery and killing of her father, Mohammad Hashemi, in Ellis County.

“We were finally breathing easier, a little bit, after getting this case done and then that just happens,” said Nehdi Mazrooee, a relative of the girl.

“She was very shy, but at the same time she had the most beautiful smile you could see on a little child’s face.”

Aliyeh was taken to Texas Health Presbyterian Hospital  in Flower Mound about 7:30 p.m. Wednesday but could not be revived, officials said.

Mazrooe said there had been a kids pool party at the house. The home has a pool and a raised hot tub. He said the hot tub varies in depth from 1 to about 4 feet.

Aliyeh and her twin sister – two of seven children in the family – liked to play in the shallow part of the hot tub and knew not to get in the deep end, Mazrooee said. Her mother was watching the children from her kitchen window, and six other adults were outside, he said.

He said Aliyeh had been eating a snack in the house less than five minutes before she was found in the water.

“She might have slipped into the 4 feet deep part or maybe she lost something,” Mazrooe said.

The girls father was making a night deposit from the Exxon station he owned in Ellis County when he was abducted last year. His burning vehicle was abandoned south of Ennis, and his body was later found in woods near the gas station.

Four suspects were arrested, one of whom worked at Hashemi’s ags station, on Interstate 45 north of Ennis.

If you are a victim of personal injury, auto accident, motorcycle accident, etc., please contact The Law Office of Fears & Nachawati at 1(866) 705-7584 for your free consultation.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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For the death of an individual who is an unborn child, the plaintiff shall provide medical or other evidence that the mother of the individual was pregnant at the time of the individual’s death.

If you or someone you know has been seriously injured please contact Fears Nachawati Attorneys and Counselors toll free at 1(866)705-7584.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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An action to recover damages is for the exclusive benefit of the surviving spouse, children, and parents of the deceased.

The surviving spouse, children, and parents of the deceased may bring the action or one or more of those individuals may bring the action for the benefit of all.

If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.

If you or someone you know has been seriously injured please contact Fears Nachawati Attorneys and Counselors toll free at 1(866)705-7584.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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An action for actual damages arising from an injury that causes an individual’s death may be brought if liability exists under this section.

A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.

A person is liable for damages arising from an injury that causes an individual’s death if: the person is a proprietor, owner, charterer, or hirer of an industrial or public utility plant or of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers;  and the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.

A person is liable for damages arising from an injury that causes an individual’s death if: the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery; and the injury was caused by: the person’s wrongful act, neglect, carelessness, unskillfulness, or default; the person’s servant’s or agent’s wrongful act, neglect, carelessness, unfitness, unskillfulness, or default;  or a bad or unsafe condition of the railroad, street railway, or other machinery under the person’s control or operation.

A person is liable for damages arising from an injury that causes an individual’s death if: the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery;  and the action could have been brought against the owner of the railroad, street railway, or other machinery if he had been acting as operator.

If you or someone you know has been seriously injured please contact Fears Nachawati Attorneys and Counselors toll free at 1(866)705-7584.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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In the trial of an offense, on the motion of the attorney representing the state the judge shall make an affirmative finding of fact and enter the affirmative finding in the papers in the case if the judge determines that, regardless of whether the conduct at issue is the subject of the prosecution or part of the same criminal episode as the conduct that is the subject of the prosecution, a victim in the trial: is or has been a victim of a severe form of trafficking in persons; or has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.

That part of the papers in the case containing an affirmative finding under this article: must include specific information identifying the victim, as available; may not include information identifying the victim’s location; and is confidential, unless written consent for the release of the affirmative finding is obtained from the victim or, if the victim is younger than 18 years of age, the victim’s parent or guardian.

If you or someone you know are victims of abuse, please contact Fears Nachawati Attorneys and Counselors toll free at 1(866)705-7584.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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A man waiting in a holding cell while a Dallas County jury deliberated his sentence for shooting his ex-girlfriend tried to commit suicide by cutting his wrists with a razor blade.

Sean Wisner, 32, had warned the courtroom that he would hurt himself if jurors gave him a lengthy sentence, said his attorney, Paul Rosemergy.

“If you give me a lot of time, I’m going to go back to my cell and end it,” Rosemergy recalled Wisner testifying on Tuesday.

Wisner’s injuries were not life threatning. The jury sentenced him to 70 years in prison for shooting his ex-girlfriend in the head.

Rosemergy said he thought Wisner, a paranoid schizophrenic, wouldn’t harm himself when he threatened to do so from the stand.

“I thought everything was OK.”

Wisner was taken to Parkland Memorial Hospital, where he was treated before being sent back to the Dallas County Jail later Wednesday night.

Sheriff’s spokeswoman Kim Leach declined to discuss the incident or how Wisner got a razor blade, saying it’s part of an active investigation. The sheriffs department has previously said that inmates are given a razor blades each night to shave.

“An alert officer saw what  was occurring and immediately called for medical attention and alerted supervisors,” she said.

Wisner is on suicide watch at the jail.

In August, another Dallas County Inmate used a razor blade to cut his throat inside a courtroom while he was being sentenced. His injuries were not severe.

In July, Wisner shot the mother of his four children, Latosha Hill, and her boyfriend, Marcus Jones.

Wisner kicked in the apartment door and shot Jones in the arm during a struggle. Wisner then reloaded and went into a bedroom, where he shot Hill three times: in the back of the head, underneath her arm and in her thigh. Wisner came back into the living room and kicked jones in the leg.

At least one of the children saw the assault while hiding in the closet.

Wisner left the apartment and tried to shoot himself, but he was out of bullets, Rosemergy said. He later barricated himself inside a home and hoped police would shoot him, the attorney said.

Rosemergy said that his client told police that he remembered shooting Jones but not Hill. Rosemergy said when police told Wisner that one of the children had said Wisner shot their mother, he replied: “Then it must be true.”

Rosemergy said that Wisner was upset when his on-again, off again relationship with Hill ended after 13 years.

“He just loved his kids and he felt lost,” Rosemergy said.

Rosemergy said that Hill has some numbness in her legs, is paralyzed on one side of her face and cant chew because of her injuries.

Court records show Weisner had previously assaulted Hill a month before the shootings.

The jury this week also sentenced Wisner to 10 years in prison for shooting Jones.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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State district judge Don Adams is expected to release a man convicted in the sexual assault of two teenage girls after DNA testing proved he was not the predator.

Johnny Pinchback, 55, pleaded not guilty in 1984 but was convicted by a jury and sentenced to 99 years in prison. He spent 27 years behind bars.

The DNA testing was conducted on cuttings of pubic hair taken from one of the girls during a rape exam. The girls were walking in Oak Cliff when they were held at gun point, ordered into a vacant lot, tied up and raped.

Pinchback would be the 22nd man cleared by DNA testing in Dallas County, which has more exonerations than any county in the nation, largely because the county preserved more evidence from past crimes.

Like all but one Dallas County’s exoneration’s, Pinchback was convicted based on faulty eyewitness testimony. The girls identified Pinchback as their attacker in photo lineups and at his trial.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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Police are asking for help finding a suspect in a fatal shooting last month outside a south Dallas home.

Jason MacJulius Pratt, 27, is wanted in connection with the April 5 death of Shaul Anthony Hill.

Police said Hill, 23, got into an argument with Pratt at a home in the 2200 block of Anderson street, near S.M. Wright and C.F. Hawn freeways.

Hill left the house and came back shortly before 10 p.m., police said. He was shot in the chest and died on the front lawn. The gunman ran away.

Pratt is believed to be hiding in the Dallas area, 5 feet 10 inches tall and 155 pounds, and should be considered armed and dangerous.

Anyone with information about his whereabouts can call Dallas Police at 214-671-3684 or Crime Stoppers at 214-373-8477.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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Dallas police have identified the convicted felon who was shot after he allegedly reached for an officer’s gun Sunday afternoon at a northeast Dallas apartment complex.

Oscar Charles Spicer, 28, underwent surgery for multiple gunshot wounds and remained in a local hospital Monday, police said. Authorities have said the incident began shortly afternoon when police received several reports that a man was involved in a disturbance at the Crestridge Apartments, in the 6400 block of Ridgecrest Road. Police believed the man to be armed.

Officers Michael Mosher and Mathew Wagner arrived and spoke with Spicer in the courtyard. As the officers escorted him through the parking lot, Spicer tried to grad Wagners weapon, police say.

Fearing for his life, Mosher shot Spicer, police say.

Neither officer was injured. Both officer’s are assigned to the northeast patrol station.

Spicer’s criminal history includes convictions for evading arrest, possession of cocaine, resisting arrest, felony theft, and unlawfully carrying of a handgun.

Fears | Nachawati Attorneys & Councelors
Dallas: 4925 Greenville Avenue Suite 715, Dallas, TX 75206
Phone: (214)890-0711
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