2001-02-01

Contreras Appeal Argued

Thursday, February 1, 2001
By Deon Daughtery

Whether the murder Case against a 21-year-old Amarillo woman will be heard again in an Amarillo appellate court is in the hands of the state's highest criminal court.

Dana Marie Contreras admitted stabbing her mother's boyfriend to death as he slept in 1996. She told investigators that Neal Winegar had molested her younger sister, and that he planned to do the same to her.

At 17, Contreras was convicted by a Potter County court and sentenced to 40 years in prison. However, on appeal to the Amarillo appeals court, her case was overturned.

The panel ruled the Amarillo police - who had taken at least 45 minutes to take the teen into juvenile custody had violated the state's Family Code with their "unnecessary delay." In addition, the panel found error with the teen's confession.

On Wednesday, prosecutor John Owen argued the court had interpreted the law "too rigidly" and their opinion had the effect of saying the police shouldn't have investigated the murder.

Owen told the Court of Criminal Appeals that police had escorted Contreras to the back seat of a patrol car while they investigated the scene and tried to help medical personnel assist Winegar.

Judge Cheryl Johnson asked Öwen why four officers needed to remain at the scene.

"All four believed they needed to be there," Owen said.

Potter County prosecutors had also said the Amarillo court erred in finding "harmful error" regarding the trial court's admission of Contreras' written confession.

Appellate attorney William McKinney Jr. said case law indicated a need to minimize the impact police have on juvenile offenders.

He said the prosecution gave an abbreviated time line of the events, and the teen had been awake about 24 hours when she signed a written confession.

Should the court rule in favor of the prosecution, Contreras' case would be sent back to Amarillo's appeals court. There, another hearing on admitted evidence would likely be scheduled.

Contreras is free on bond and living in Amarillo.