Wrongful Death Lawsuit Filed in Fatal Grape Creek Road Crash

SAN ANGELO, TX — A jury trial is scheduled next month in a Tom Green County wrongful death lawsuit filed by the family of Kairo De La Torre, who was killed in a head-on crash on Grape Creek Road more than two years ago. 

Nancy Perez, acting as heir and representative of the 22-year-old De La Torre, is suing Kenneth Brock Allen Gard, Judy Jarmes and Juan Manuel Vargas. The case is set for jury trial at 9 a.m. July 8 and July 27 before District Judge Jay Weatherby in the 119th Judicial District Court. 

According to the original petition filed in February 2025, the crash occurred about 2:30 a.m. May 12, 2024, on Grape Creek Road. De La Torre was a passenger in a black 2006 Polaris Sportsman all-terrain vehicle traveling southbound. Gard was driving northbound in a black 2013 Cadillac XTS owned by Jarmes and allegedly failed to make a safe left turn, causing the collision. De La Torre suffered catastrophic injuries that resulted in his death, the suit states. 

The petition alleges Gard was negligent in multiple ways, including failing to drive prudently, keep a proper lookout, control his speed, brake timely, take evasive action and avoid distracted driving. It also claims Jarmes was negligent in entrusting the vehicle to Gard. An amended petition filed March 25, 2026, added Vargas as a defendant. Vargas, who was operating the ATV at the time of the crash, later filed a handwritten pro se answer denying the allegations. 

Vargas, 23, was indicted by a Tom Green County grand jury on charges of manslaughter and intoxication manslaughter with a vehicle in connection with the same incident. Previous San Angelo LIVE! reporting detailed that he had consumed alcohol and was operating the off-highway vehicle on a public roadway in a reckless manner that caused De La Torre’s death. 

Perez seeks more than $1 million in compensatory damages for wrongful death and survival claims, including medical expenses, pain and suffering, funeral and burial costs, loss of companionship, mental anguish and other damages, plus pre- and post-judgment interest and court costs.