Samuel Juarez Jr., the 35-year-old Brownwood man accused of driving drunk when his car struck and killed 8-year-old Daylan Franklin in December, waived a jury Thursday.
    Juarez, who was indicted for murder in Daylan’s death, will stand trial before 35th District Judge Steve Ellis beginning Oct. 17.
    Juarez was driving a 1995 Ford Crown Victoria that struck Daylan in the 1600 block of Sixth Street in Brownwood on Dec. 17, police said earlier. Juarez fled the scene and was apprehended a short time later. He remains in the Brown County Jail, and his bonds total $300,000, jail records state.
    Juarez appeared in court Thursday with his attorney, Lynn Inglesby of Abilene, in a brief pre-trial hearing. Juarez told Ellis a Veterans Administration doctor diagnosed him with PTSD after Ellis asked the defendant if he has ever been treated for mental issues.
    Count 1 of the two-count indictment alleges Juarez was convicted twice previously of DWI — on Feb. 6, 2002 and on Nov. 23, 2011, both in Brown County.
    Juarez was driving while intoxicated when he drove his vehicle “into the person of Daylan Franklin” and caused the boy’s death, Count 1 alleges. Count II alleges that Juarez drove into Daylan while driving under the influence of alcohol, failed to maintain a single lane, drove while distracted and did not maintain a proper lookout.
    The indictment also alleges Juarez’s car was a deadly weapon.