A midnight drive on the border of Denton and Ponder ended in a fiery crash that killed a passenger and incinerated a Corvette. Denton County prosecutors plan to hold the driver culpable for manslaughter in a trial come Monday.
Kyle James Daniels, 28, is accused of driving at recklessly unsafe speeds at a bend on H Lively Road, causing the death of his passenger, 25–year-old Trevor “Austin” Kern, in 2023.
Daniels walked to a relative’s nearby house on Seaborn Road, according to an affidavit, and called 911 more than four hours after the crash.
The punishment range for second-degree-felony manslaughter is two to 20 years in prison.
Prosecutors previously offered Daniels a three-year sentence with the possibility of parole after serving two years if he agreed to plead guilty to manslaughter.
Daniels was set to accept the plea offer last September, but Kern’s family publicly argued that the offer fell far short of justice.
The Denton County District Attorney’s Office reported it received notice of a new criminal investigation involving Daniels in another jurisdiction.
That information, coupled with the frustrations from Kern’s family, led the District Attorney’s Office to rescind the plea offer and instead take Daniels to trial.
About the crash
A friend of Daniels and Kern said the two were out drinking at the Fry Street bars in Denton on Dec. 2, 2023.
After several drinks, the friend said, Daniels and Kern left the bars around midnight with Daniels in driver’s seat of his blue 2023 Chevrolet Corvette.
At about 12:51 a.m. on Dec. 3, 2023, Daniels was allegedly driving southbound on H Lively Road.
There is a steep hill with low visibility on H Lively Road that obscures a sharp turn. The speed limit on this road is 35 mph, but a sign ahead of the curve recommends drivers slow to 10 mph.
Daniels was allegedly driving at a high rate of speed as he approached the curve, crashing into a tree.
The crash killed Kern instantly and split the Corvette in two. The vehicle ignited in flames and disintegrated.
First responders happened upon the crash while in the area on an unrelated call.
Daniels was not at the crash scene, and first responders initially had no idea there had been another person involved in the crash, according to an affidavit.
About four hours and 26 minutes later, 911 dispatchers received a call from Daniels, who walked 1.6 miles from the crash to a residence on Seaborn Road, according to the affidavit.
Daniels allegedly admitted to drinking alcohol on Fry Street in Denton before operating the vehicle at speeds over 100 mph, according to the affidavit.
At Texas Health Presbyterian Denton, medical staff drew a sample of Daniels’ blood at about 6:30 a.m., more than five hours after the crash.
Investigators later learned the Corvette had been reported stolen out of Carrollton a few weeks before the crash.
What will the jury hear?
Daniels’ trial will begin with jury selection on Monday. The jury will likely hear opening arguments from state prosecutors and the defense starting Tuesday, followed by witness testimony.
Judge Sherry Shipman will preside over the trial.
Prosecutor Jordan Motsenbocker and Daniels’ defense attorney, Scott Palmer, met April 17 to debate before the judge what evidence will be admissible in the trial.
Palmer filed a motion asking the judge to limit the state from presenting some evidence or arguments to the jury during the guilt-or-innocence phase of the trial.
Most notably: Potential evidence or witness statements regarding the speed the Corvette was traveling, or any consumption of alcohol.
Daniels is not charged with intoxication manslaughter.
In this phase of trial, state law limits the scope of what evidence can be presented to the jury.
Evidence must focus on proving the elements of the offense. Any evidence regarding a defendant’s character, reputation, habits or criminal history outside of the specific allegation on trial may be deemed irrelevant.
For some of Palmer’s requests, prosecutors had no disagreements.
For example, prosecutors agreed that they would not inform the jury that Daniels’ was initially scheduled for a plea hearing until they rescinded the plea offer.
There were others that prosecutors argued against.
Palmer asked that the judge limit prosecutors from presenting social media evidence that suggests Daniels “had a particular lifestyle or habits.”
Motsenbocker, however, said she intends to introduce some social media evidence that she argues is relevant to the crime: A police affidavit alleges Kern took a Snapchat video while he was in the Corvette that night, showing the speedometer at over 150 mph.
Judge Shipman has intentionally not reviewed evidence before the trial to prevent bias.
The judge decided to wait until the trial to make a ruling about whether the video will be permissible. This may occur during a hearing outside the jury’s presence.
Palmer’s motion also sought to limit any witnesses from insinuating Daniels ingested or consumed alcohol before the crash.
The judge ruled that a state witness, Daniels and Kern’s friend who was with them prior to the crash, can testify to any opinions he has about whether Daniels was intoxicated.
Witnesses can’t insinuate that Daniels leaving the scene constitutes a criminal offense, the judge ruled. A Denton County grand jury previously declined to indict him for the reported lapse of time between the crash and his 911 call.
Prosecutors intend to present the jury with evidence of Daniels’ other alleged crimes, but state law limits prosecutors in presenting such evidence unless a jury returns a guilty verdict.
That evidence will likely include his felony vehicle theft indictment in Denton County, another felony theft investigation in Smith County and prior convictions.
Daniels pleaded guilty to driving while intoxicated and was placed on deferred adjudication in February 2023 in Wise County. He was convicted of DWI in February 2025 because he failed to comply with the terms of his deferred adjudication.
Court documents state that Daniels has also been convicted of numerous traffic violations, including multiple instances of speeding, since the fatal crash. He had several speeding convictions before the crash, as well, according to the documents.
BROOKE COLOMBO can be reached at 940-566-6882 and bcolombo@dentonrc.com.
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