Murder charge filed against driver blamed for death of Deer Park ISD student killed walking home from school

The charge against Leland Benfrank Smith, 55, was upgraded after Marissa Burke, 17, died on Friday.

DEER PARK, Texas — A Deer Park man with a history of driving while intoxicated has now been charged with murder in the death of Deer Park ISD student Marissa Burke, who passed away on Friday.

Leland Benfrank Smith, 55, was arrested after he lost control of his truck on Georgia Avenue, veered onto the sidewalk and struck a pole that hit the girl.

Burke, 17, was walking home from Deer Park High School South Campus with her sister when she was struck on Nov. 14.

Deer Park police said Smith failed a field sobriety test and he was initially arrested on a charge of intoxication assault.

Smith has three previous DWI convictions and other crimes on his record.

• Records show his first DWI arrest was in 1991.
• He was arrested on a second DWI charge in 2008 and sentenced to 30 days.
• In 2009, Smith was charged with his third DWI offense, along with a charge of injury to an elderly person. He received a two-year sentence on both charges.
• Smith’s most recent arrest was in 2017 on an assault charge when he was given another 30-day sentence.
• Other charges over the years include burglary, theft and resisting arrest.

“I cannot express how angered I am,” Ryan Herring, Marissa’s stepfather, said.

“There’s nothing we can do to bring Marissa back but there’s something we can do to ruin his life,” her sister Bailey said.

‘She went very peacefully’

Marissa’s family made the agonizing decision to end life support for their daughter Friday. They were praying for a miracle but doctors said there was no hope.

“At about 1:20 this morning is when they pulled the breathing tube and she went very peacefully – she was so brave,” stepfather Ryan Herring said on Friday. “And it only took about five minutes, and she was ready to go – we all knew it.”

On Friday, Bailey described her as introverted, quirky and comical.

“She was very funny, very funny – and very caring, she put everybody first,” Bailey told us.

Marissa’s mother was released from the hospital, where she was being treated for cancer treatment complications, to be by her daughter’s side in her final days.

She’s since been re-admitted, the family said.

They also released the following statement.

“Once the timeline was met and all tests and scans were completed to make sure that nothing further could be done to help her, the family all came together to see her one last time and made the decision to remove all the life-sustaining machinery and let her pass naturally. Her passing (was) very peaceful and quick.

“Marissa was a beautiful young lady with a wonderful sense of humor, was always full of life and love for her friends and family. She was very mature and intelligent for her age, oftentimes seeing the world with adult eyes. She had a very bright future ahead of her and she was a very kind and gentle soul, who would do anything for anyone whenever needed. She was also a private person who never liked feeling like she was being watched or put on display.

“As a lifelong resident of this beautiful community, I would like to (thank) each and every one of you for your outpouring of love, prayers and support. I have made this post to update everyone in the community as to the tragic events surrounding her accident and passing. Several people have reached out to me asking how they could help. And I have ask(ed) a close friend and coworker to help with facilitating that… All contributions that have been sent to my personal pay accounts have very much been appreciated (and) have went to food, fuel, travel, and parking for our family.

“I do love all the continuing show of prayers, love and support that everyone in our community has shown us and please continue with them. It gives us faith during this tragic time.”

A GoFundMe account has been set up to help with medical and funeral expenses.

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