(Houston) -- A Catholic school teacher has been charged with felony Hit & Run for a child's death last week in Bear Creek Park, and she claims she left the scene because she was afraid an angry mob would cause her harm.
Vilma Rivas Buchala, 43, of the 16,200 block of St. Heliar in Houston is scheduled to appear in felony court later this week on the charge of Failure to Stop & Render Aid. A conviction could mean 10-years in prison.
She's charged in last week's death of 8-year-old Destiny Garcia, who was laid to rest after a funeral service today.
Witnesses tell Houston Police Hit & Run Squad investigators that Buchala's sport utility vehicle ran over young Garcia when the child ran onto War Memorial Drive in Bear Creek Park on March 23rd. The witnesses say Buchala backed up and told onlookers that she did not run over the child.
The crowd of onlookers grew larger and people started yelling at her, and she then revised her comment to say she "didn't think" she ran over the child.
Buchala then left the scene and witnesses were unable to provide a full license tag number on the car.
According to the police report on file today, the woman's attorney notified police the day after the accident to say that Buchala was, indeed, behind the wheel.
The attorney said Buchala left the scene because she feared the angry crowd would do her harm, according to the police report.
The attorney, Earl Musick, who often defends police officers in criminal matters, then arrived at the HPD Hit & Run detail at 61 Riesner. She refused to answer any questions from HPD investigators.
Officers then arranged a photo lineup that included her picture. Court records indicate that at least two witnesses picked her picture out of the lineup, saying that she was behind the wheel.
The police report indicates that Buchala is a teacher at St. Jerome Catholic School in Houston. Her phone number is listed on the school's online directory. Diocese officials could not be reached for comment about her status at the school late Monday afternoon.
Police and courthouse officials say Buchala is the wife of a veteran Houston Police officer.
One courthouse insider said the husband actually drove the vehicle that was involved in the crash to the HPD impound lot on Dart Street just north of downtown. The officer's intervention for his wife is noteworthy because standard police procedure requires that investigators take custody of the car immediately when they become aware of its whereabouts.
The fact that a police wrecker did not move the car from the suspect's driveway could cause a problem for this criminal case later. Was the car washed? Was any evidence removed from the car? Are fingerprints removed because someone else drove the car to the impound lot? Those are all questions that police and courthouse officials say will be problematic since the car was driven by her husband to the impound lot.
One police officer who was on the scene the night of the accident said the little girl was nowhere near her parents when she darted into the road. The officer said it appeared the girl was attempting to urinate shortly before she was hit.
The officer, who is not involved in the criminal investigation, said it appeared the driver had no way of avoiding the accident. He said neither alcohol nor excessive speed were ever believed to be a factor.
Texas law requires that, anytime a person is involved in an accident, they must stop and wait for police or exchange information with the other party. When injury is involved, the law requires the other driver to stop and attempt to render aid.
While no witnesses at the crash scene actually reported seeing the impact, those closest to the scene reported to police that the woman did offer to provide any information about herself to anyone and she did not try to assist the injured girl.
For more info: KPRC Local 2 coverage on this death
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