Updated May 31st Spencer Carlton has been found not guilty of criminally negligent homicide by Judge David Wahlberg. In his remarks at the close of the trial, Wahlberg said that Jerry Don Summers deserved to be confronted but did not deserve to die. The judge said that prosecutors had not proven the defendant knew that his action would cause a substantial and unjustifiable risk of death. The civil case that Summers family has brought against Spencer Carlton has not yet been resolved. They are suing for $1 million.
Updated May 31st Spencer Carlton’s attorney Rick Flores tried a hail mary, attempting to get Judge David Wahlberg to issue a directed verdict saying the district attorney had not met the burden for criminally negligent homicide. Wahlberg was not having it. Carlton took the stand! He claimed that he was not mad when he left the bar to find Jerry Don Summers. He was disappointed. More to come…
Updated May 29th 2018: Did Dixie Carlton’s “exaggeration” get a man killed?
The Spencer Carlton trial has begun in Austin, Texas.
In Spring of 2016, Spencer Carlton pursued Jerry Don Summers outside of the Dogwood nightclub on west 6th street. Carlton had been led to believe that Summers had groped Carlton’s wife Dixie but in front of state District Judge David Wahlberg, Carlton’s lawyers admitted that Dixie (had) “maybe exaggerated”.
Once Carlton caught up to Mr Summers an altercation ensued where Carlton, the aggressor, knocked Summers backwards 10 or more feet. Summers struck his head on a curb. A blow that would prove to be fatal.
Carlton is being charged with criminally negligent homicide, a state jail felony with a possible punishment of two years behind bars.
Updates coming later this week.
Updated on August 10th 2017: Spencer Carlton’s next court appearance is August 25th 2017.
In March of 2016 at SXSW in Austin, Texas, Spencer Carlton assaulted Jerry Don Summers outside the Dogwood Nightclub on West 6th Street.
Carlton believed that Summers had groped his wife inside the bar, and pursued the man outside where he shoved Summers to the ground. Summers fell, struck his head, and died in the hospital four days later.
At the time, Carlton was booked on manslaughter charges. Since then the charges have been amended to criminally negligent homicide. Criminally negligent homicide is a State Jail Felony (between 180 days and 2 years in a State Jail institution)
Spencer Carlton is set to appear in Travis County Criminal Court on May 3rd 2017 at 9am.