Lubbock man avoids prison in crash that killed 9-year-old and his mother

LUBBOCK, Texas -- Jordan Merchant, 35, pleaded guilty on Thursday to two counts of Criminally Negligent Homicide in connection with a 2022 crash that left a 9-year-old boy and his mother dead. Merchant was sentenced to five years of deferred adjudication, meaning if he follows the rules, he could avoid a formal conviction on his record. If he does not obey the terms, he could face the full punishment for the charge. EverythingLubbock.com previously reported Merchant was initially charged with two counts of Manslaughter and two counts of Aggravated Assault with a Deadly Weapon. He pleaded to the lesser included Criminally Negligent Homicide. On August 31, 2022, police were called to 114th Street and Indiana Avenue at 4:54 p.m. The Lubbock Police Department said Joni Smith, 44, was driving northbound on Indiana Avenue, preparing to turn left on 114th Street. At the same time, Merchant was driving southbound in his truck on Indiana. Police said he entered the intersection and struck Smith's car on the right front side. Smith's son, identified by police as 9-year-old Conrad Tomlinson, was pronounced dead at the scene. Smith was taken to University Medical Center with serious injuries and later passed away. Police said a 3-year-old and 11-year-old child in Smith's car also suffered serious injuries. Merchant was later arrested in April 2023. Court documents stated Merchant was driving a pickup owned by 7B Development. The company website showed Merchant was listed as Principal and President of Construction. According to court documents, a witness who was also heading southbound on Indiana Avenue at the time saw the light turn red, so she stopped. After she stopped, she saw Merchant's truck pass her, and crash with Smith's vehicle in the intersection. Investigators were able to calculate Merchant's speed as a little more than 65 mph at the time of the crash, court documents stated. The posted speed limit for that road is 45 mph. Court records said investigators also obtained data from Merchant's vehicle that confirmed he was driving 65 mph at the time of the crash. Additionally, the data showed a pattern of speeding in the days leading up to the wreck. On August 28, 2022, court documents stated Merchant was driving 115 mph on I-25 in New Mexico, a 65-mph zone. That same day, court records noted Merchant's speed on Highway 380 in New Mexico was documented as 122 mph in a 65-mph zone. Several other instances were listed. Court documents also noted Merchant had nine previous convictions for speeding violations. In victim impact statements, Conrad's family described him as the sweetest child in the world. His family said he was a basketball player, a straight-A student and a brilliant artist. Joni's loved ones described her as a strong, kind woman who would do anything for her family and children. She had a laugh that could be heard "from 100 yards away." "I'm mad because I will never get to see my little boy grow up, play basketball, graduate school, get married and have a family," Conrad's father said in a victim impact statement. He emphasized the other children had limited time with their loved ones and suffered life-changing injuries in the crash. "You are getting away with murder because of your family and wealth, which is not fair," the statement read.