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Billy Abraham sentenced to 2 years for failing to render aid; watch Abraham’s sobriety test video

Two years in prison.

El Paso businessman, Billy Abraham learned his punishment Monday morning for failing to help a man he ran over with his truck.

Billy is the son of the late El Paso defense attorney Sib Abraham.

Billy Abraham was driving drunk when he hit and killed 47-year-old Jay Grady with his truck as grady walked along Paisano Drive in 2010.

Abraham was back in court Monday facing up to 10 years on a failure to stop and render aid charge. A jury convicted him in 2013 of driving while intoxicated while acquitting him of intoxicated manslaughter. Testimony showed the victim was also drunk.

As part of a plea agreement, Abraham received the two-year minimum, which he will serve at the same time as a six-month sentence for the DWI.

His attorney, Ray Velarde, asked Judge Patrick Garcia if he could surrender in April, but to Abraham’s surprise, the request was denied.

ABC-7 is the only station to obtain video and some audio of Abraham’s sobriety test, which was played for the jury at his earlier trial. It shows abraham being given an eye test, stumbling after being given a heel to toe walking test and losing his balance while standing on one leg.

Abraham refused to submit to a blood draw after being cuffed and arrested. Moments after failing all three tests Abraham was arrested just after 11 p.m on July, 20th, 2010, just minutes after striking and killing Grady.

Abraham can be heard on the sobriety test video saying to the officer: “Hey bud, can I ask you a question. Will you stand on one foot?”

The officer responds: “Yeah, I did that for 30 seconds.”

Abraham then said: “I’ve had nothing to drink tonight. I want to see you stand on one foot.”

Abraham talks to the officer, identified only as Officer Esparza, several times on the way to a mandatory blood draw at University Medical Center.

“Where are you taking me?” Abraham asks.

“Right now we’re taking you to UMC sir, for that mandatory blood draw i was explaining to you,” the officer responds.

“I’m not going to let you take my blood,” Abraham says.

“I know you already refused sir,” the officer replies, “but like I said we’re taking it under the law mandatory now.”

It was later determined by a blood test that Abraham’s blood-alcohol level that night was .20, two and a half times the legal limit.

“I want to see you stand on your back foot for 30 seconds,” Abraham continues on the video.

“That’s not the only thing that you failed,” the officer responds.

“What else did I fail?” Abraham asked.

“Failed all three tests,” the officer said.

District Attorney Jaime Esparza issued a statement to ABC-7 after Abraham was sentenced.

“Just based on the facts and circumstances in the case, two years is an appropriate sentence,” the statement from Esparza read.

Abraham’s attorney did not return phone calls.

ABC-7 has learned from the District Attorney’s office that Abraham could serve only a quarter of his two-year sentence, or six months in prison, before being eligible for possible probation.

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