Driver accused of hitting, killing teen appears in court

HUMBLE, Texas – Family, friends, and classmates of a teenager killed in a car wreck gathered to keep his memory alive on Monday.

Jose Damian, 17, was killed when Humble police say a drunk driver identified as Charles Baxter Junior, 32, crashed into the teen while he was changing a flat tire on the Eastex Freeway near FM 1960.

The accident happened early Sunday morning.

"It doesn't really seem real to me. I still don't really believe it," said Damian's cousin, Richard.

Investigators say Jose and several family members were on their way to a truck show when they got a flat tire.

"He was happy. He was really excited to go it was like his birthday gift," said Richard Damian.

Richard told KPRC 2 he was planning on meeting his family members at the show too.

"We were still at home when they called us that he had crashed, he couldn't breathe," he said.

The family has now set up a memorial at their home with candles, flowers, and other mementos to remember Jose Damian.

The teen was a sophomore at New Caney High School and on Monday, classmates and other students led a prayer circle for him on campus. Some also wore red clothing because they said red was Jose's favorite color.

New Caney ISD released a statement Sunday night that read, "It is with great sadness that New Caney ISD learned of the passing of Jose Maria Damian Rodriguez Sunday morning. Jose was a sophomore at New Caney High School. Grief counselors will be on campus this week to provide counseling and support for students and staff as needed.

"'We hold our students and families in the highest regard, and we extend our deepest condolences to Jose's family and friends," Superintendent Kenn Franklin said. "Our thoughts and prayers are with them during this most difficult time."

"He was just an all-around amazing, great guy. Just really happy and joyful," said Brandon Espinoza, a New Caney High School graduate, who says he set up a GoFundMe account for Jose to help his family.

"If they can at least have the money all taken care of for the funeral costs and everything, then that will be at least one burden off their shoulders," he said. "Your heart goes out to them. You feel for their pain and everything."

The accused drunk driver, Charles Baxter Jr., has been charged with intoxication manslaughter and possession of a controlled substance. Baxter appeared in court Sunday night.

He is being held on a $32,000 bond.