A Harris County man with two prior DWI convictions was sentenced to probation rather than prison after slamming into a family's vehicle at Main Street and Wallisville in Highlands, Texas, leaving a mother, her boyfriend and her daughter with serious injuries. Investigators say Cruz Guerra Nolasco ran a red light before crashing into the car carrying Courtney Barron, her boyfriend, and her two daughters as they headed to visit relatives.
Prosecutors had asked for a six-year prison sentence, but 248th Criminal District Court Judge Hilary Unger instead ordered 10 years of probation, according to ABC13 Houston. Guerra Nolasco was also ordered to serve 10 days in the Harris County Jail, complete a DWI intervention program, enter a residential treatment facility, and abstain from alcohol. Courtney Barron suffered hip fractures, her boyfriend suffered spinal fractures, and her daughter Kitrie Barron suffered internal bleeding, the station reports.
A Family Trapped in the Wreckage
Kitrie Barron described the terror of the crash in stark terms. “I was trapped. I was yelling for my mom,” she said, according to the same report. Courtney Barron told the station she had expected Guerra Nolasco to face a considerable prison term given his history, and Kitrie Barron said the sentence sends the wrong message, arguing it suggests drinking and driving is acceptable.
Guerra Nolasco has two prior DWI convictions, one from 2016 and another from 2019, and had previously served no more than one month in jail and lost his driver's license for two years. He reportedly told authorities he had way too much to drink. Per the station's reporting, Guerra Nolasco violated bond conditions in both of his last two DWI cases and began drinking again while out on bond for those offenses.
How Texas Law Allowed Probation Over Prison
Under Texas Penal Code § 49.09(b), a third DWI offense is classified as a third-degree felony carrying a punishment range of two to 10 years in prison and a fine of up to $10,000, according to FindLaw. That statutory range explains why prosecutors sought a six-year sentence rather than probation. Texas law also imposes no lookback limit on prior convictions when enhancing charges, which is why Guerra Nolasco's 2016 and 2019 convictions could legally stack to elevate his latest arrest to a felony, per the same source.
Even though Judge Unger granted community supervision, state law required her to order at least 10 days of confinement in county jail as a condition of that probation, under Texas Code of Criminal Procedure Article 42A.401(a)(3), according to the Murphy & McKinney Law Firm. Texas law also strictly prohibits deferred adjudication for repeat DWI offenders, meaning Guerra Nolasco's probation becomes part of a formal felony conviction that will remain on his record, according to the Medlin Law Firm. His 10-year probation term also cannot be shortened by early judicial release, since Texas law requires DWI probationers to complete their entire assigned term, according to the Martinez Law Firm.
Judge's Record Draws Scrutiny
Judge Unger, a Democrat first elected to the 248th Criminal District Court in November 2018, advanced from the March 2026 Democratic primary as she seeks re-election, according to Ballotpedia. In campaign materials, she has highlighted presiding over 34 felony jury trials across 2024 and 2025 while emphasizing court-monitored rehabilitation and re-entry programs meant to reduce recidivism.
She has faced scrutiny before. In late 2024 and early 2025, local law enforcement organizations criticized Unger after she set a $1 million bond for a capital murder suspect charged in the fatal shooting of a Harris County deputy, overriding prosecutors' request for a no-bond hold, according to the National Center for Police Defense. ABC13 Houston reported that it contacted Unger's office for comment on the Guerra Nolasco sentencing, but no response was received. The outlet also reached out to Guerra Nolasco's attorney, who likewise did not respond.
A Wider Pattern of Impaired Driving
The Highlands crash lands amid a broader public-safety crisis in the region. Harris County consistently leads Texas in traffic fatalities and impaired-driving collisions, recording more than 3,000 alcohol-related crashes and over 140 impaired-driving deaths in a single recent year, according to the Texas Department of Transportation. Statewide, between 35% and 43% of all traffic fatalities are drug- or alcohol-related, resulting in more than 1,000 impaired-driving deaths across Texas annually, the agency reports.
Guerra Nolasco's case follows other recent felony DWI arrests across the county. Hoodline previously reported on a felony DWI arrest involving three kids and a gun in the vehicle, part of a pattern of repeat and high-risk DWI cases moving through Harris County courts. For the Barron family, the outcome of this case has left them questioning whether the system took their injuries seriously enough.
