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Teen Football Player Dies in a Fall After Being Served Alcohol at a Party

It has been reported by myRGV.com that football player Adan De La Cruz passed away on Wednesday, August 21, 2024, following a fall that occurred on Saturday at a party after consuming alcohol. This well liked senior at Nikki Rowe High School was described as a young man who was admired by his peers.  At this difficult time our thoughts are with his family and friends.

Heron Hernandez, Jr. of McAllen was charged with purchasing or furnishing alcohol to a minor. He was arrested Tuesday and remanded at the Hidalgo County Adult Detention Center. Police also arrested De La Cerda Islas and his son, who is a juvenile for the same charges. De La Cerda, hosted the party at his brother-in-law’s residence and an entry fee was charged to attend. The fee at the entrance was $15 while $10 was charged prior to the party. Investigators have a Snapchat video that depicts the incident.

The incident occurred when De la Cruz slipped off a roof while attempting to jump into a pool.

McAllen Chief of Police Victor Rodriguez indicated that the investigation into the death is ongoing. Rodriguez said this incident shines light on the extent of risk involved when people consume alcohol and when people make alcohol available to people who should not have access to it.  “These are the things that we want to hold people accountable for, Rodriguez said, if accountability can be established, then that’s what we are hoping the investigation will lead us to conclude.”  McAllen School District spokesman Mark May, said Nikki Rowe High cancelled the football scrimmage scheduled for Thursday evening as well as its annual Meet the Warriors Night, which had been set for Friday.

Wrongful Death Attorneys in Edinburg, TX and Legal Elements About This Incident 

Tragic incidents like these should give us all a moment to reflect on the loss of the life of a young man who lost his opportunity to not only play football, graduate from high school, raise a family, but also to enjoy the many opportunities that Texas and this great country have to offer. It also provides us the opportunity to reflect on the legal repercussions involved when providing and/or furnishing or selling alcohol to minors.

Let’s address the liability for providing or selling alcohol to a minor.  In order to be liable for the improper sale or provision of alcohol to a minor, the following should be considered:

Texas Alcohol and Beverage Code permits minors to recover compensation from an adult who provided them alcohol, and as a result of being intoxicated, injured another person. The law pertaining to this topic can be found under Section 2.02.

Texas Alcohol and Beverage Code Section 2.02

  • (c) An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under the age of 18 if:
    • (1) the adult is not:
      • (A) the minor’s parent, guardian, or spouse; or
      • (B) an adult whose custody the minor has been committed to by a court; and
    • (2) the adult knowingly:
      • (A) served or provided the minor any of the alcoholic beverages that contributed to the minor’s intoxication; or
      • (B) allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by the adult.

A minor or their family member seeking to recover compensation from a bar or restaurant for injuries of death will have to convince the court and/or jury of the following facts:

  1. The person who provided alcohol was at least 21 years of age, and was not the minor’s parent, guardian, spouse, or custodian;
  2. The minor was in fact under 18 years of age;
  3. The adult knowingly served alcohol to the minor or allowed another to serve alcohol to the minor on their property;
  4. The alcohol provided contributed to the minor’s intoxication; and
  5. The minor was injured or killed as a direct result of their intoxication.

The Texas Alcohol and Beverage Code defines minors as people who are under 18 years old. As a result, adults over the age of 18 are held to the obvious intoxication standard, while for minors, any amount of alcohol consumption that leads to an accident is enough to satisfy the requirements to bring a lawsuit.

Texas law allows the parents, guardians, spouse, and/or custodian of someone under 21 years old to purchase alcohol for or give alcohol to the minor if the person is visibly present when the minor possesses or consumes the alcohol.

A Perspective from an Edinburg Personal Injury Lawyer

Although the investigation into the death of De La Cruz is ongoing, it can be predicted that not only criminal charges will be brought against the individuals who made money and furnished alcohol at the party but also the lessee and homeowner at the residence where the event occurred.

As such, criminal charges for furnishing alcohol to a minor will only be the beginning of the legal proceedings as it would be expected that the family will bring a civil wrongful death lawsuit due to the party organizers charging admission and furnishing alcohol for a fee to De La Cruz.

The family can expect that defense litigators would contend that De La Cruz was at fault or partially at fault for his own injuries by performing the act of climbing on the roof of the residence with the intent of jumping from the roof into the pool.

Our hearts go out to the tragic loss of life to De La Cruz at this party. However, whether you are a bar, restaurant or merely throwing a party at your home, alcohol should not be furnished or provided to any minor as unexpected problems can arise that can lead to the loss of life, significant injury and lengthy legal proceedings.

Schedule a Free Consultation with an Edinburg Accident Injury Attorney 

If you, or a loved one, have sustained injuries due to the negligence of another person or party, call our Edinburg personal injury attorneys today. From car, truck, and motorcycle wrecks to dog bites, slip & falls, and oil field injuries, we’ve got you covered. For over 20 years we’ve been advocating for accident victims in Edinburg, TX. During that time we’ve WON tens of millions of dollars for our clients.

If you want to speak with a personal injury lawyer in Edinburg, TX now, dial (956) 318-3200. We’re open 24 hours a day, 7 days a week. We charge NO fees for our consultations and we only get paid if YOU get paid FIRST. Learn more below.

If you, or a loved one, have sustained injuries due to the negligence of another person or party, call our Edinburg personal injury attorneys today. From car, truck, and motorcycle wrecks to dog bites, slip & falls, and oil field injuries, we’ve got you covered. For over 20 years we’ve been advocating for accident victims in Edinburg, TX. During that time we’ve WON tens of millions of dollars for our clients.

If you want to speak with a personal injury lawyer in Edinburg, TX now, dial (956) 318-3200. We’re open 24 hours a day, 7 days a week. We charge NO fees for our consultations and we only get paid if YOU get paid FIRST. Learn more below.