Defense: No one served Josh Brent 17 drinks - Dallas News | myFOXdfw.com

Defense: No one served Josh Brent 17 drinks

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DALLAS -

Those who served former Cowboys player Josh Brent drinks at the club on the night of his fatal crash testified Thursday about how much he had.

Ashley Price, a waitress from Eddie V's, told jurors she served Brent two double shots of cognac with a 16 ounce steak in between. She claimed Brent was not intoxicated when he left.

Maria Fimbres from Club Prevae said she remembers bringing a bottle of champagne and a bottle of cognac to the table where several Cowboys players were sitting, but only served Brent a glass of cognac and Coke.

"Did you or anyone to your knowledge serve Josh Brent 17 drinks?" asked defense attorney George Milner.

She said no and claimed he did not appear to be drunk.

A second waitress from Club Privae, Emerald Kahn, testified that Brent was among a group of 25 to 30 people when he bought three bottles of champagne.

She only remembers serving him one glass. But using the club's surveillance video, prosecutor Heath Harris asked Kahn, "Doesn't it appear Brent is holding two bottles and drinking from those bottles?"

Kahn said yes.

Brent is charged with intoxication manslaughter for the December 2012 crash that killed his friend and teammate Jerry Brown.

Medical examiner Dr. Jeffrey Barnard testified Brown died from blunt force trauma to the head and neck. He ruled the death accidental, and that Browns blood alcohol level at the time of his death was .079, meaning Brown was not legally drunk.

Accident investigators believe Brent was traveling at least 110 mph at the time of the crash. Tim Lovett inspected Brent's Mercedes after the crash and determined there were no mechanical problems that could have contributed to the crash.

Dallas Cowboy Danny McCray, the first player to take the stand, admitted he did not want to be at the trial Thursday.

He said that fateful day began with playing PlayStation at his house, then meeting for dinner at Eddie V's and, later, at Privae. He didn't leave the club with Brent, so he doesn't know what condition he was in.

He also testified that he was drinking at the club, but that he wasn't driving that night -- his best friend was.

Teammate Barry Church was also called to testify, saying he doesn't deny Brent was drinking, but doesn't know how much.

Jurors have already seen video of the crash scene and Brent failing a field sobriety test. On Wednesday they heard from the toxicologist who determined he had a blood alcohol content level of .18, which is twice the legal limit.

A man of Brent's size would have had to consume 17 drinks to reach that level, the toxicologist said.

In order to prove intoxication manslaughter, the state has to prove that Brent not only had been drinking, but that at the time of the crash, he was intoxicated.

Friday, the defense begins calling its witnesses to try and refute, where possible, the state's case, and create in the mind of at least one juror reasonable doubt about whether Brent was drunk at the time of the crash.

Brent could face up to 20 years in prison if convicted of intoxication manslaughter. Jurors can also convict him of manslaughter.

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