A driver accused of hitting and killing a bicyclist in Southeast Austin two years ago has pleaded guilty to misdemeanor driving while intoxicated rather than a felony charge, closing out a case that began with a crash on East Stassney Lane in September 2024. Abel Martinez, now 28, entered his plea in Travis County court records dated June 15, 2026.
The collision happened around 8:32 p.m. on September 20, 2024, when Austin Police Department officers responded to a crash between a passenger car and a bicycle in the 6000 block of East Stassney Lane, according to KVUE. The unidentified male bicyclist was rushed to a local hospital that night, but he did not survive his injuries, dying three weeks later on October 10, 2024, as reported by Fox 7 Austin.
Martinez was 26 years old when Austin police arrested him at the scene on a DWI charge, the same station notes, before the cyclist later died at the hospital. As KXAN Austin reported, Martinez's plea deal ultimately included 12 months of community supervision, a 90-day surrender of his driver's license, participation in a DWI offender certified education class, and attendance at a drunk driving panel.
Why a Misdemeanor, Not a Felony
The case highlights a legal gap that often shows up in fatal crash prosecutions across Texas. Martinez faced a misdemeanor DWI charge under Section 49.04, according to the Texas Constitution and Statutes, which carries a maximum of just 180 days in jail.
The victim's delayed death was part of the case's timeline. Martinez's misdemeanor conviction still comes with financial consequences: Texas Transportation Code Section 709.001 imposes a mandatory state fine of $3,000 for a first-offense DWI conviction, rising to $6,000 if a driver's blood-alcohol concentration measures 0.15 or higher, per the L&L Law Group.
His 12-month probation term also isn't optional in length. Under Chapter 42A of the Texas Code of Criminal Procedure, first-offense misdemeanor DWI community supervision typically runs 12 to 24 months, and state law explicitly bars early termination of probation for DWI convictions, according to Varghese Summersett.
One Death Among Dozens on Austin Streets
The Austin Police Department designated the East Stassney Lane crash as the city's 87th fatal traffic crash of 2024, part of a total of 93 traffic deaths recorded in Austin up to that point in the year, KVUE reported. City tracking data later showed Austin logged 306 serious traffic crashes resulting in 98 fatalities for all of 2024, according to the City of Austin's Vision Zero program.
The toll extends well beyond Austin. Texas Department of Transportation data published in March 2026 found that 846 cyclists and pedestrians were killed in traffic crashes statewide in 2024, per the Texas Department of Transportation.
Ghost Bikes Mark the Danger Points
In Austin, volunteer advocates with the Austin Ghost Bike Project place white-painted bicycles at crash sites around the city to memorialize cyclists killed in traffic and to advocate for better safety infrastructure, according to KXAN's earlier reporting on the effort. The memorials serve as a visible reminder in neighborhoods where fatal crashes have occurred, including stretches of road like East Stassney Lane where cyclists share space with car traffic.
