Authorities said Carroll Wayne Dicky Jr., 21, did not provide the alcohol that led to the deaths of his sister, Alex Dicky, 15, and brothers Gus Benavides, 18, and Dillon Benavides, 16, both of Normangee.

Dicky did, however, plead guilty Monday to buying a four-pack of wine coolers for a 20-year-old woman who was at the party.

Because he had spent 45 days in jail before his hearing this week, the court considered his time served and he was released.

A typical sentence for someone convicted of providing alcohol to a minor -- a Class A misdemeanor punishable by up to one year in jail -- is probation.

Rod Anderson, first assistant for the Brazos County Attorney's Office, said Dicky's sentence carried a harsher-than-usual punishment because he had two pending misdemeanor cases -- driving while his license was suspended last month and a criminal trespass charge from 2007.

An investigation by the Texas Alcoholic Beverage Commission showed that the person responsible for providing a keg of beer at the Aug. 3 party was Bryan resident Jimmy Noey, 21, who pleaded guilty and was sentenced Friday to a year in jail for his role.

Noey's pending felony drug case was taken into consideration during sentencing for the alcohol charge.

"Normally on a first-time offender who has made alcohol available to a minor, it's a probation kind of case, but with Mr. Dicky having the other pending cases, it elevated his punishment," Anderson said. "Mr. Noey provided the keg that had been the source of alcohol for the kids who died in the wreck, so the two cases are different."

Lane Thibodeaux, who represented Dicky, said his client took responsibility for purchasing the wine coolers.

"What he did not do -- and was never accused of -- was purchase, furnish or provide alcohol to Alex Dicky or Gus and Dillon Benavides," Thibodeaux said. "Wayne spent 45 days alone in jail as punishment for what he did. I feel confident that he spent every day of that time thinking of Gus, Dillon and the sister he still loves, Alex."

The party was at a Bryan home where Alex Dicky lived with her mother, who was out of the country at the time. She and the teen's dad are divorced.

Dicky was moved to the Grimes County Jail because his father, Wayne Dicky Sr., is the jail administrator in Brazos County. Authorities wanted to make sure he wasn't put in with inmates who might have had a grudge against the jail's top official.

Comments

(Requires free registration.)

2 comment(s) found!

Posted by: Kurt On: 9/25/2008

Comment Title:
Dicky Sr. hasn't had much contact with this boy for years. Maybe that's part of the problem???

---

Posted by: On: 9/25/2008

Comment Title:
Wayne Dicky Sr must be so proud.

---