Client's name and photograph used with permission.
After a hard week as a construction foreman you take your boat to the reservoir to relax with your son and your brother. You do your best as a good Samaritan to help two injured people. Instead of going home that day you are handcuffed and taken to jail for murder, with 2 million dollars bail. It was not the day Francisco Herrera had planned. Francisco and his brother were pulling their children on a rubber tube when the collision happened. According to the police, Francisco had negligently caused the accident when his boat collided with the jet ski driven by a 14 year old girl who was accompanied by her 15 year old cousin. The jet ski driver died and her passenger was injured. The arrest warrant charged Mr. Herrera with murder for causing the accident and for failing to aid the injured girls, stating “he drove around in circles and did not attempt” to help the girls. The investigating officer went out of his way in the police report to state that Francisco’s clothes were dry after the accident. Mr. McAllister was hired to fight the charges. His investigation proved that in fact the high-powered jet ski had been taken without permission by an unlicensed and inexperienced driver and that it had run into Francisco’s boat, not the other way around. In fact, Mr. Herrera had jumped into the water to save the girls. One girl was moving-the other was not. Faced with a terrible choice, he went to the girl who was flailing in the water, keeping her afloat till another boat came. Swallowing blood from the water, he helped the men in that boat get the first girl into their boat, then went to the girl who was not moving and helped her into the boat. Later he would say “I can’t get them out of my head. I wish I could’ve done something more, but I couldn’t. I did everything I could.” McAllister’s investigation included finding and interviewing the men in the other boat who confirmed that Francisco had been in the water trying to save their lives. When Kirk McAllister turned the results of his investigation over to the prosecutor, the District Attorney’s office dismissed the murder charges. Francisco was released from jail that day.