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Deer Park student who died days after being hit by suspected drunken driver remembered as quirky, caring

Marissa Burke “was very funny, very funny – and very caring, she put everybody first," her sister Bailey told us on Friday.

DEER PARK, Texas — A Deer Park family made the agonizing decision to end life support for their daughter Friday, days after she was hit by a suspected drunken driver as she walked home from school.

They were praying for a miracle for Marissa Burke, 17, but doctors said there was no hope. 

“At about 1:20 this morning is when they pulled the breathing tube and she went very peacefully – she was so brave, stepfather Ryan Herring said. “And it only took about five minutes, and she was ready to go – we all knew it."

Marissa was walking home from Deer Park High School South Campus with her sister when she was hit on Georgia Avenue near Wildwood Drive

On Friday, Marissa's sister Bailey described her as introverted, quirky, and comical.

“She was very funny, very funny – and very caring, she put everybody first," Bailey told us.

Marissa's mother was released from the hospital, where she was being treated for cancer treatment complications, to be by her daughter's side. She's since been re-admitted, the family said.

They also released the following statement.

"Once the timeline was met and all tests and scans were completed to make sure that nothing further could be done to help her, the family all came together to see her one last time and made the decision to remove all the life-sustaining machinery and let her pass naturally. Her passing (was) very peaceful and quick.

"Marissa was a beautiful young lady with a wonderful sense of humor, was always full of life and love for her friends and family. She was very mature and intelligent for her age, oftentimes seeing the world with adult eyes. She had a very bright future ahead of her and she was a very kind and gentle soul, who would do anything for anyone whenever needed. She was also a private person who never liked feeling like she was being watched or put on display.

"As a lifelong resident of this beautiful community, I would like to (thank) each and every one of you for your outpouring of love, prayers and support. I have made this post to update everyone in the community as to the tragic events surrounding her accident and passing. Several people have reached out to me asking how they could help. And I have ask(ed) a close friend and coworker to help with facilitating that... All contributions that have been sent to my personal pay accounts have very much been appreciated (and) have went to food, fuel, travel, and parking for our family.

"I do love all the continuing show of prayers, love and support that everyone in our community has shown us and please continue with them. It gives us faith during this tragic time."

A GoFundMe account has been set up to help with medical and funeral expenses.

Deer Park suspect has three prior drunken driving convictions

Leland Benfrank Smith, 55, was arrested after he lost control of his pickup on Georgia Avenue, veered onto the sidewalk and hit Marissa.

Deer Park police said Smith failed a field sobriety test and was arrested on a charge of intoxication assault. 

Smith has three previous DUI convictions and other crimes on his record. 

“I cannot express how angered I am," Herring said. 

"There's nothing we can do to bring Marissa back but there's something we can do to ruin his life," Bailey said.

  • Records show that he was arrested on his second DUI charge in 2008 and sentenced to 30 days. 
  • In 2009, Smith was charged with his third DUI offense, along with a charge of injury to an elderly person. He received a two-year sentence. 
  • His most recent arrest was in 2017 on an assault charge and received another 30-day sentence.
  • Other charges included burglary, theft and resisting arrest.

Deer Park Police are consulting with the DA about upgrading charges.

Smith had a post on his LinkedIn profile, saying he founded a Christian recovery ministry. The post said he overcame drug and alcohol issues and wanted to help others do the same.

"I have overcome my own issues with drug addiction and alcoholism, and I enjoy using my experience to help others do the same. I have worked and served in the nonprofit sector since 2002," Smith's profile says. "I love helping individuals and organizations achieve their missional goals. My prayer is that in some small way, I may be of help to you too."

Credit: Deer Park Police Dept.

RELATED: Deer Park community praying for miracle for student hit by truck while walking home from school

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