Teen killed after changing tire on Texas highway

HUMBLE, Texas — Students and the community in New Caney, Texas, are mourning the loss of one of their own after a high school sophomore was killed Sunday after changing a flat tire.

Family members said 17-year-old Jose Damian was killed after being struck along the southbound side of Highway 59 in Humble, Texas, around 5 a.m. Central Time.

The man accused of crashing into the pickup appeared in probable cause court early Monday, and officials said Charles Baxter Jr., 32, had ecstasy pills in his vehicle at the time of the crash.

On Sunday, Jose, his two older brothers, and his sister-in-law were on their way to a truck show in Pasadena, Texas, to celebrate Jose's 17th birthday from two days earlier.

On the ride there, they got a flat tire and pulled over to the southbound shoulder of the highway.

According to Humble Police, as Jose was finishing up the job, Baxter's sedan swerved and slammed into the back of the family's pickup.

"When I screamed, I wasn't even done screaming the car just hit 'em so quick," explained Javier Damian, one of Jose's brothers. "I looked at my sister, I looked at my brother, I looked at everything. They were OK. My big brother's like, 'Where's Jose at?' We looked under the truck and front, back, when I checked the back on the right side, he was there on the ground."

Jose died on the scene. Baxter was taken into custody.

Baxter is charged with intoxication manslaughter and possession of a controlled substance.

In a statement Sunday, Kenn Franklin, superintendent of the New Caney Independent School District, announced Jose's death.

"It is with great sadness that New Caney ISD learned of the passing of Jose Maria Damian Rodriguez Sunday morning."

Franklin said grief counselors would be at the school for students and staff as needed.