A 22-year-old woman charged with intoxication manslaughter has a new trial date after her defense attorney asked for more time to prepare for a courtroom showdown with prosecutors.
Kendall Batchelor, the daughter of San Antonio auto magnate Ken Batchelor, is now set to face a jury May 15-26. Her case in the 451st state District Court originally was scheduled in two weeks.
In addition to the criminal charge, she is facing a civil suit worth more than $1 million.
Kendall Batchelor was arrested June 6 on a warrant signed by Kendall County Precinct 3 Justice of the Peace Debby Hudson. An affidavit alleges Batchelor had a blood-alcohol level of .166 – more than double the legal limit – when she drove into oncoming traffic east of Boerne on Texas 46 at 9:50 p.m. June 2, hitting Boerne resident David John Belter’s vehicle head-on.
Belter died at the scene. A special setting for Batchelor’s trial was scheduled for March 27 by 451st state District Judge Kirsten Cohoon after defense attorneys made several failed attempts to have the defendant released from the Kendall County jail on bond.
Batchelor was rebooked just two weeks after her initial release from the Bexar County Jail for violating her initial bond conditions after she withdrew several thousand dollars from her father’s account and failed to meet her breathalyzer requirements, according to court records.
Due to concerns about a flight risk, Cohoon repeatedly denied bond but set the defendant for a speedy-trial date.
Defense attorney Louis D. Martinez, of Price & Martinez Law in San Antonio, filed a motion for continuance March 10.
“This case was set for trial on the Aug. 30, 2022, court setting. At that time, the court consulted with the defense counsel, and defense counsel requested six months to prepare,” Martinez’s motion reads. “At that time, defense counsel was in receipt of the state’s file in the case and made determination that six months would be sufficient given the discovery that had been provided.”
However, Martinez told the court he now requires additional time to get ready to defend Batchelor in court.
“Since Jan. 1, 2023, the amount of discovery provided has at least tripled,” the request continues. “Documents and reports continue to be provided to the defense as well as hours upon hours of audio and video files.”
Martinez said 45 jail calls – recordings of conversations Batchelor has had over the phone while locked up – were handed over to his team at the end of January. However, he said even more have come in since.
In addition, Martinez noted computerized data files have since piled up – 300 gigabytes worth, according to his filing.
“Counsel has not had sufficient time to finish reviewing that discovery due to the defense counsel’s trial schedule,” Martinez writes.
Martinez also wants more time to investigate the results of the blood draw and urine analysis noted in Batchelor’s initial arrest warrant, which cite a positive test for cannabinoids, opiates and amphetamines.
“On March 5, 2023, defense counsel received blood-test results for the defendant’s blood drawn on the date of the arrest,” Martinez added. “That testing was done at the DPS (Department of Public Safety) lab and purports to contain controlled substances. Defense counsel is in need of additional discovery from the DPS lab to prepare a defense to those results and to consult with experts to do the same.”
In addition, Martinez told the court defense investigators need more time to check on “seven notices of extraneous offenses and other bad acts” the state intends to bring up during trial.
Martinez told the court he also has been kept busy preparing for three aggravated felony trials in Bexar County delayed due to the COVID-19 pandemic.
This is the second incident where Batchelor has been charged with driving while intoxicated in Kendall County. Records show that in 2018, she was arrested by Boerne police on a DWI charge, then convicted of the Class A misdemeanor in the 451st District Court in July 2019.
As recently as Dec. 23, Batchelor was charged with striking two parked vehicles with her vehicle on Oak Park Drive at 3:15 a.m.
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