The night of the wreck was like any other night. Donovan was at his apartment with his roommates playing online games with his cousin until about 11 pm. Breonna Thompson showed up during that time in her mothers car which can be seen on the surveillance video at the apartment complex. Breonna had brought alcohol (provided by her mother) and Donovan had one and a half beers because, like he told his cousin, he had no plans to leave the apartment for the night. She started yelling and fighting with Donovan because she wanted to go to a Halloween party and he did not want to go. After a while he reluctantly agreed to go with her. According to the roommates (three separate witness statements), Breonna asked which car they were going to take and he answered with "yours." She then grabbed her keys and out the door they went. These are the same roommates that on several occasions stated she would not allow Donovan to drive...not his own car and definitely not her mothers.

Within an hour of them leaving the apartment is when the accident occurred.

Three named male individuals, one unknown male and one unknown female were on the scene almost immediately after the crash and assisted the best as they could. As the one unknown male call 911 from his vehicle four individuals acted by leaving their vehicles and volunteering their help. DC (witness) went to vehicle 1 where he managed to get Breonna out of the vehicle that she was partially out of at the time. He assumed no one else was in the car because 1. he did not see anyone else and 2. she did not tell him anyone else was in there. TW (witness) assisted in pulling her away from the wrecked car. The unknown female stayed with her as she got to the open field. HL (witness) assisted the driver of vehicle 2. HL then noticed vehicle 1 started "puffing" so he went to vehicle 1. After Breonna had been pulled away from the car into the open field is when she told them "my baby, my baby" to which the witnesses eventually got her to elaborate that it was her boyfriend in the car still. By the time they were told this information the car was completely engulfed in flames. They tried to look inside but could not see anyone. They could not get close enough to locate him nor retrieve him from the car. Breonna, DR and AR (DR and AR, occupants of vehicle 2) were all taken to Seton Hospital for their injuries. The fire department eventually extinguished most of the fire. At that time, Texas State Trooper Officer Carlos Oca, who was the lead investigator, began taking pictures of the scene including pictures of Donovan's remains. His body cam footage and digital pictures from his camera show that Donovan was located in the back seat behind the driver's seat with his left leg resting on the center console and left foot in the passenger seat. Body cam footage and pictures also concluded the collision details. Vehicle 1 and Vehicle 2 collided on the right front passengers sides. Vehicle 1 was traveling North toward Wimberley, TX while vehicle 2 was traveling South toward San Marcos, TX. Vehicle 1 swerved into the southbound, oncoming traffic lane. Upon impact vehicle 1 spun clockwise and came to a stop on the drivers side (two wheels on the ground) in the grass. Vehicle 2 spun clockwise about halfway and remained in the middle of the road.

Injuries to each occupant:

AR- Driver of vehicle 2- injuries to his knees.

DR- Passenger of vehicle 2- severe injuries to his right leg and right hand.

Breonna Thompson- Front facial laceration below her left eye, front left cheekbone fracture, front left teeth knocked out and fracture to her left ankle.

Donovan Winkelhorst- fracture of the right mandible and right maxilla, fracture of the clivus extending into the foramen magnum, fractures of the right third and fourth ribs and of the left fifth and sixth ribs, laceration of the aorta, contusions to the right lung and a small hemorrhage to the left lung.

Witness Statements:

Roommates- She drove into the apartment complex in the car that was involved in the accident (captured on surveillance video). She left with her keys in her hand. She was already intoxicated and very irate.

Breonna Thompson- She remembers "coming to" and Donovan behind her. This statement was recorded via mobile phone in the hospital the day after the wreck. She stated she tried to wake him but couldn't so she got out of the car.

No witnesses other than the occupants of the vehicles were there when the accident occurred. Vehicle 2 occupants stated it was too dark to see the occupants and only saw the lights of vehicle 1 as it came into their lane.

DC- Stated he helped pull Breonna out of the car and to the right of the accident into the field.

TW- Helped pull Breonna away from the car and into the field.

HL- Helped get the driver out of vehicle 2. He did not want to touch the passenger in vehicle 2 because the passenger was pinned.

After vehicle 1 was towed we were given permission to visit the tow yard site on two separate occasions. Severe impact damage was notated on the front right passenger side. The passenger seat was almost completely fully reclined. The passenger seat belt clip was located between the passenger seat and console which would conclude the passenger did not unclip the seat belt before or after the crash and it stayed between the console and passenger seat as the fire burned the seatbelt. The driver's seatbelt clip was found between the driver's door and floorboard which concludes the seatbelt had been unclipped and fell to the floor as the fire burned the seatbelt. The driver's exterior side had minimal impact damage due to it coming to a stop on its side. The driver's seat was in an upright position. The steering column was intact other than the steering wheel had burned away and the floorboard was pushed in minimally from the engine.

After doing months of research online and speaking with experienced, well-known investigators in the private sector, we have determined that upon impact Donovan had to have been the passenger in the fully reclined seat. From this laying back position (which he was continually yelled at for doing) the injuries to the right side of his body all coincide with his head being near the very strong metal of the lower passenger side. The rib fractures may have come from the seat belt rising due to the reclining position not having the seatbelt in the appropriate position. After the impact the combination of inertia of the vehicle spin and the stopping on the driver's side would have caused him to slide out of the top left side of the passenger seat to his final resting place behind the driver's upright positioned seat. The pictures showed Donovan in the back seat behind the driver's seat with his left leg resting on the center console, left foot in the passenger seat. She had to have been in the driver's upright positioned seat to sustain the injuries to her face from the steering wheel while looking in the direction of the oncoming car. He was not driving even though the very intoxicated Breonna Thompson had told the officers that he was. The coroner could not find any evidence to prove his injuries came from being in a driver's position because HE WAS NOT THERE!

Her history and records show that she cannot be trusted to tell the truth. Within minutes of being pulled away from the car she started self-preservation instincts. When the officers arrived to her in the field she immediately pointed out that she wasn't driving and how little she had to drink when the witnesses and other officers commented that she was "trashed". She stated that her and Donovan were both wasted but, according to his toxicology test, the amount proved the 1 1/2 beers that witnesses had described from his apartment. She has filed insurance claims saying she cannot work because she is disabled even though we have been presented with evidence of her fulltime employment. She was given the keys and alcohol by her mother even though she was a minor and excluded from the vehicle's insurance. Her own mother called the morning of the accident to say she was sorry about Donovan and that she had told Breonna not to drink and drive. Her very loud words, "I told her not to drink and drive!" Within a couple of weeks she had already started posting on social media looking for another guy to "get drunk with".

According to the National Safety Council for accidents resulting in a fatality there are protocols that are standard during an accident investigation. Some of the most important protocols to follow are having a team of investigators that specialize in traffic homicide investigation, forensic pathology and accident reconstruction. It is pertinent of the team to know all the facts of the case before accessing the blame. Because this team was not assigned to the accident there was evidence that was not explored or verified. The evidence that was not reviewed that would have brought a different outcome included:

-Donovan's correct placement report in the car at the accident site.

-Donovan's injuries from the autopsy report that coincide with the events of the accident to determine the mechanism of injury; involves the body, vehicles involved, and the scene of the accident.

-Breonna Thompson's medical records that show her injuries caused such as the seat belt bruising or the "linear abrasions" known as "seatbelt signs".

-Interviewing, recording and following up with witnesses and their statements.

-Videos from the apartment complex showing who was driving out of the complex.

The sad truth is that NONE of the few basic things listed were ever done. The officer in "charge" (Texas State Trooper Carlos Oca) of the investigation said because she was the surviving passenger he took her at her word. Trooper Carlos Oca's statements have continually been proven false and/or his statements have changed during this time. Some of these statements from the initial notice of the death by the accident are as follows:

-He was crammed in the driver's side floorboard. (Truth: He was in the back seat behind the driver's seat,)

-They weren't wearing seatbelts. (Truth: No official way to know this at the scene due to the fire.)

-Donovan was heavily intoxicated. (Truth: Trooper Oca was "told" by Breonna that he had been drinking.)

-Donovan was the driver. (Truth: Breonna Thompson "told" him Donovan was driving before any investigation could/should have been done.)

-They were coming from a party. (Truth: They were going to a party. They did not make it there.)

-(In a call three weeks after the accident) Donovan had to have been the driver because he was pinned in the driver's seat. (Truth: Even though Trooper Oca's statement changed does not change the evidence of video and photographic proof.)

According to the pamphlet given to Donovan's parents at the notice of death "A Guide for Grieving Families" the expectation from the officials (page 13) is that they will have the option to meet with the Texas Highway Patrol troopers once the investigation is complete. This option was never given. They are to receive a thorough and complete investigation. They did not receive this. Calls were not returned in any timely manner nor questions answered at any time. They were never a priority. A meeting was held with Texas State Trooper Sergeant John Benavides was held in June of 2020 (eight months after the accident) where he said he would work on it....we're still waiting. A meeting with Texas DPS Lieutenant Glen Lester was held in July of 2020 and, again, told that he would work on it...we're still waiting. A meeting with Texas State Trooper Officer Carlos Oca STILL has not happened as of May 11, 2022. We have not received word that the file has even been closed completely and have had no copies of the files to state as such. Complaints were filed in July 2020 against Sergeant John Benavides and Trooper Carlos Oca that, to this day, have not been investigated and finalized.

In summary, every detail that has emerged has only resulted in more unanswered questions. With the information that we have provided, we are asking for definitive answers. Because this was the Texas Highway Patrol's investigation, we are solely relying on them to acknowledge our inquiries. We implore the Texas Highway Patrol troopers and their investigative team to give Donovan and his family the thorough investigation that is deserved and to prosecute the person that was actually responsible for this heinous act. Wouldn't you expect the same if it was one of your family members?

If you or anyone you know have any knowledge or advice on how to navigate through the legal system of the Texas Highway Patrol and Texas Department of Safety or any more pertinent information to this case and can help, please contact us at Just4Donovan@yahoo.com.

References for automobile accidents and autopsy protocol:

https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=3333&context=ndlr

References for the effects of reclined passengers during collision:

https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/seattle0307.pdf

http://www.ircobi.org/wordpress/downloads/irc18/pdf-files/64.pdf

https://www.tandfonline.com/doi/full/10.1080/15389588.2019.1630733

https://pubmed.ncbi.nlm.nih.gov/18332800/

https://www.researchgate.net/publication/5519035_The_Effect_of_Reclined_Seats_on_Mortality_in_Motor_Vehicle_Collisions

https://asmedigitalcollection.asme.org/IMECE/proceedings-abstract/IMECE2015/57380/V003T03A056/264306

https://slate.com/human-interest/2007/09/the-dangers-of-reclining-your-car-seat.html

https://www.allenandallen.com/asleep-beside-the-wheel/

https://www-esv.nhtsa.dot.gov/Proceedings/26/26ESV-000135.pdf

https://pdfs.semanticscholar.org/69d8/88a5285e7a965100bbf87dc13ca48041a6b7.pdf

https://www.jstage.jst.go.jp/article/jsaeijae/10/2/10_20194095/_pdf

http://indexsmart.mirasmart.com/26esv/PDFfiles/26ESV-000321.pdf