17 Jul 2014
The son of Miami Dolphin head coach Joe Philbin has been charged with failing to stop and render aid after a car crash in downtown Austin last year.
According to police, Matthew Philbin, a First Lieutenant in the U.S. Army, was traveling the wrong way down a one-way street when his Jeep ran a stop sign. His car collided with a Honda. A witness claims that Philbin was intoxicated; that he refused to allow his phone to be used to call for help; and that he attempted to discourage both the witness and the driver of the other car from calling the police. The driver of the Honda suffered eye, neck and head injuries in the crash. Philbin eventually left the scene in a taxi.
Under sections 550.021 and 550.022 of the Texas Penal Code, the level of a hit and run charge, as well as the potential penalty if you are convicted, depends upon a number of factors. Where there are no injuries, and only damage to a vehicle, the failure to stop at the scene is a misdemeanor. Where, however, the accident results in serious injury (as defined in the Penal Code), it is a third degree felony. Apparently because of the nature of the injuries in this case, Philbin is now facing a felony charge.
The case has drawn media attention for a number of reasons, in addition to the identity of the parties. Matthew Philbin is a West Point graduate, and served in Iraq and Kuwait. But a dispute also centers on an alleged phone call from his attorney to police, asking them to delay the investigation so as not to interfere with his client’s promotion. The incident took place on March 23, and the attorney allegedly sought a delay in the investigation until the decision on Philbin’s promotion, which supposedly was to come as early as May 1. We note, however, that Philbin was in fact arrested on April 29.
As of today no plea has been entered in the case. The next court appearance is scheduled for August.
Law Office of David D. White, PLLC
1201 Rio Grande Street #200
Austin, TX 78701
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