Mom: Reckless Driving Led to Son's Death

A family wants to put the brakes on reckless driving after their loved one was killed. The family believes a cell phone will be entered into evidence at an upcoming trial in Harris County.

Weekly visits to the final resting spot of Chance Wilcox, 25, have provided no real answers for his mother. Shelli Ralls says, "I never thought I'd be coming out here, but I mean, who does?"

In March 2008 Wilcox was a passenger in a truck traveling on Interstate 45 North near FM 2920. The truck was hit by another car and rolled several times. Wilcox was ejected and died.

"He had a job he loved. He had a lot of friends. He spent a lot of time with family. He was growing up," said Amber Schaeper, Wilcox's sister.

On July 27th, Jeri Montgomery, 24, will go to trial on a charge of criminally negligent homicide. An indictment alleges she caused Wilcox's death by making an unsafe lane change and failing to keep a proper lookout for other cars. The family says investigators have told them Montgomery was driving aggressively and was also on her cell phone while driving.

"All they can tell me is cell phone usage, whether it be talking and texting or just texting. That was the issue," said Ralls. Harris County Assistant District Attorney Brent Mayr would not confirm nor deny Montgomery was texting while driving, saying any evidence will be saved for trial.

Montgomery's attorney, John Choate, says, "I don't understand why they're prosecuting her. There were no drugs and no alcohol. It was just a wreck. I've heard they'll bring evidence she was on the phone, but she was not on the phone."

Ralls says, "Anything that endangers someone else's life or a vehicle, that's criminal." In their grief, the family is struggling to restart their lives. They're working on a few websites to educate young drivers about the kind of reckless driving they believe caused Wilcox's death.

If convicted, Montgomery faces two to 10 years in prison and up to a $10,000 fine.