Grapevine Lake crash: Gov. Abbott to suspects 'Welcome to Texas. Here's your Death Penalty'

GRAPEVINE, Texas - Gov. Greg Abbott weighed in Wednesday night on social media following the arrest of two suspects in a fatal jet ski hit-and-run crash that killed 18-year-old Ava Moore on Grapevine Lake over Memorial Day weekend.

Texas Attorney General Ken Paxton says both the suspected driver of the jet ski and the man who helped her leave the scene are in the country illegally.

What we know:

Texas Gov. Greg Abbott posted to X, formerly known as Twitter, writing: "Welcome to Texas… Here’s Your Death Penalty."

As of Monday morning, the post had been viewed more than 1 million times.

Grapevine Lake deadly crash

Ava Moore, 18, was killed while kayaking at Grapevine Lake on Sunday when she was hit by a jet ski.

An arrest warrant affidavit for Diakerlyn Alejandra Gonzalez Gonzalez says that Gonzalez was driving a jet ski near the shoreline of Oak Grove Park.

Witnesses told police the jet ski made several "reckless" passes along the shoreline and eventually crashed into Moore. The 18-year-old later died.

Gonzalez then left the scene of the crash with a man in a blue Toyota Corolla. The Corolla crashed into two cars while driving away from the lake. Both suspects then ran from the scene.

Arrest of jet ski crash suspects

Daikerlyn Alejandra Gonzalez Gonzalez of Venezuela was arrested Tuesday morning in connection with the crash. 

She is charged with second-degree felony manslaughter, according to her arrest affidavit. Her bond is set at $500,000.

Maikel Perozo was also arrested on Tuesday.

Perozo was charged with a collision involving damage to a vehicle, which is a class B misdemeanor, and hindering apprehension, which is a Class-A misdemeanor. 

A release from Texas Attorney General Ken Paxton says they were both in the country illegally.

Can Gonzalez face the death penalty?

Dig deeper:

In Texas, the death penalty applies only to certain capital felony cases. A capital felony is defined as "an individual intentionally or knowingly causing the death of an individual," under Texas law.

Gonzalez is not currently charged with a capital felony and is therefore not eligible for the death penalty under current charges.

According to the Texas Penal Code, there is a list of situations that would result in a capital murder charge:

• Murder of a peace officer or fireman while they are working in an official capacity
• Murder while committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual  assault, arson, obstruction or retaliation, or terroristic threat
• Murder for hire
• Murder committed at the time of the prison escape
• Murder of a person in prison for a life sentence
• Murders of more than one person
• Murder of an individual under 15 years of age
• Murder of a judge

What they're saying:

Anthony Farmer, a criminal defense attorney who is not involved in the case, offered some perspective on calls for the death penalty in this case.

"This was appropriately charged by the district attorney's office as manslaughter. It was a conscious disregard of the health and safety of others. It does not rise to the level of something that would require the death penalty. That would take an intentional or knowing act which doesn't exist here," he said.

While he does expect the suspects will face additional charges such as failure to stop and render aid, he doesn't expect anything that could rise to the level of the death penalty.

"The state would likely lose that case," he said.

Farmer called Abbott's comments "political hyperbole."

Remembering Ava Moore

Ava Moore, 18, was just weeks away from starting basic training for the U.S. military, a dream her friends and family said she was proud to pursue.

She had graduated from the U.S. Air Force Academy Preparatory School less than a week before the crash, on May 19.

"We lost an exemplary teammate this weekend – Cadet Candidate Ava Moore, whose passion for leadership and service left an impact on everyone she met," U.S. Air Force Academy Superintendent Lt. Gen. Tony Bauernfeind said. "Her constant happiness and attitude helped her squadron get through the challenges of the Prep School, and her drive to excel was on display as she sought out leadership positions to improve herself and her team."

Her basketball coach, Ke’sha Blanton, said Moore had big ambitions.

"She talked all year about becoming a four-star general one day because she loved it," Blanton said. "She made those around her better."

Moore was visiting her parents in North Texas for Memorial Day weekend when the crash happened.

GrapevineTexasTexas LegislatureTexas PoliticsGreg Abbott