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How does Texas' '3 strikes' rule work?

Keith Brazier, 28, had been paroled just hours before the crash. He had served just a fraction of his jail time, court records show.

GALVESTON COUNTY, Texas — Court records show that the man charged with murder after a deadly car crash in Galveston had been paroled just hours beforehand after serving a portion of his jail time for his third DWI conviction.

Galveston police said they think alcohol played a factor in Friday’s crash that killed 14-year-old Ball High School student Mason Nelson.

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Court documents show Keith Brazier, 28, was paroled after serving 11 months of his three-year sentence for DWI when he crashed a Toyota SUV into the Jeep that Nelson was riding in. The crash happened in front of the high school he attended. Nelson was killed and two other students were critically injured. Friends said the teens had just left baseball practice.

Over 10 years, Brazier has faced 11 charges, including possession, evading arrest, assault and three DWIs, records show.

“I think that all the parties involved in this case made an oversight of deadly proportions here,” KHOU 11 legal analyst Carmen Roe said.

Roe said the “three strikes you’re out” law in Texas didn’t work in this case.

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“In Texas, 'three strikes you’re out' means that you have been charged and convicted of three felony convictions. DWIs in Texas are generally a misdemeanor for your first and second DWI,” Roe said.

Brazier had three DWI convictions but only the third was counted as a felony. He was sentenced to three years in prison but only served 11 months and was paroled, records show.

“It’s shocking that he would be offered a deal like that given his criminal history,” Roe said.

Brazier is charged with murder in connection with Friday’s crash. His bond was set at $500,000. If convicted, he faces 25 years to life in prison.

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