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BEAVER COUNTY • CJ-2026-00009

Jennifer Velez v. The Estate of Brett Edwards Philen, Deceased

Filed: Apr 28, 2026
Type: CJ

What's This Case About?

Five people are dead because one man decided to drive a pickup truck while high on LSD and drunk on booze—on a dark, rural highway, in the pre-dawn hours, like some kind of demented oilfield horror movie. And not just any driver: this was a consultant for a fracking operation, allegedly working the night shift, who somehow got behind the wheel in a state so chemically compromised that even the coroner doing the autopsy did a double-take when two strips of acid were pulled from his pants pocket. Let that sink in: acid tabs found on a dead man at a fatal crash scene. This isn’t a plot twist from Breaking Bad—this is real life, Beaver County, Oklahoma, April 29, 2024.

On one side of this tragic equation: Clemente Velez, his wife Griselda Lomez de Velez, their daughter-in-law Maria Ernstina Velez de Mendoza, and a family friend, Esther Espino Puentes. They were driving north on U.S. Highway 83, just half a mile over the Texas border into Oklahoma, minding their own business, presumably headed home or maybe just passing through. They were in a 2011 Toyota Camry—nothing flashy, just a humble family car. On the other side: Brett Edwards Philen, late of Texas, a self-employed oilfield consultant driving a 2008 Ford F-150 that wasn’t even his. The truck belonged to Ryan McCollum, an Oklahoma man whose name now anchors a wrongful death lawsuit that’s equal parts gut-wrenching and absurdly complicated. Philen was allegedly working a night shift for Philen Consulting, Inc.—his own company—under contract with Duncan Oil Properties, Inc., possibly coordinated through staffing platforms like RigUp and Sierra Hamilton, LLC. In other words, he wasn’t just some random guy; he was a contractor in the booming, chaotic world of Oklahoma oilfields, where schedules are brutal, oversight is spotty, and now, apparently, so are sobriety checks.

What happened? Well, according to the petition, Philen was driving south on that same stretch of Highway 83 when he veered off to the right, overcorrected violently to the left, crossed the centerline, and then swerved right again, spinning his truck sideways directly into the path of Clemente Velez’s oncoming Camry. It was a head-on collision of the most devastating kind—no skid marks, no last-second swerve to avoid it. Everyone in the Camry died instantly at the scene. Philen was rushed to a hospital in Texas, where he later died too. So complete was the carnage that the only survivors were the people left behind to grieve—and to sue.

The lawsuit was filed by Jennifer Velez, daughter of Clemente and Griselda, and Juan Carlos Mendoza, husband of Maria Ernstina. They’re not just seeking justice—they’re trying to make sense of a senseless night. And they’re pointing fingers in every direction. The primary claim? Negligence. Plain and simple: Philen was driving like a man not in control of his faculties, which, given the LSD and alcohol, checks out. But they go further. They allege negligence per se, which in normal human terms means: “He broke the law, and people died because of it.” Oklahoma law says you can’t drive drunk, high, or under the influence of any intoxicating substance. Philen allegedly violated all of the above. There was an open alcohol bottle in his truck, and two strips of LSD in his pocket. No blood test results are mentioned, but the circumstantial evidence is… well, acidic.

Then comes the big one: wrongful death. This is where the law steps in to say, “Yes, your loved ones are gone, and yes, someone else’s actions caused it, and yes, you deserve compensation.” The plaintiffs are asking for damages related to mental pain, pecuniary loss (basically, how much money the deceased would’ve earned), grief, loss of companionship, and—crucially—punitive damages. That last one is important. Punitive damages aren’t about making the family whole; they’re about punishing the defendant for being especially reckless. And make no mistake: driving a truck while tripping on LSD after drinking is about as reckless as it gets.

But here’s where it gets really spicy. The plaintiffs aren’t just suing a dead guy’s estate. They’re also suing Ryan McCollum, the owner of the truck, under a legal theory called negligent entrustment. That’s legalese for: “You let someone use your car, and you should’ve known they were a danger.” Did McCollum know Philen was a substance user? Was he aware of his mental state that night? The petition doesn’t say—but it implies that giving a high-risk individual access to a vehicle, especially one used for work in remote areas, is a recipe for disaster. And then, the net widens: Philen’s own company, Duncan Oil, Sierra Hamilton, RigUp—every link in the chain of contract labor is being dragged into court. The argument? That these companies failed to properly hire, supervise, or retain Philen, despite allegedly knowing (or should’ve known) he was unfit to operate a vehicle, let alone perform high-stakes oilfield consulting at night.

Now, here’s the kicker: the plaintiffs are demanding $75,000—plus punitive damages. At first glance, that number might seem shockingly low. Five lives lost. Multiple families shattered. A man found with acid in his pocket after killing four innocent people. But context matters. This is a petition, not a trial verdict. $75,000 is likely the minimum they can ask to get into Oklahoma state court—anything under that would go to small claims, which doesn’t handle wrongful death cases. The real value of this case? It could be millions, especially with punitive damages in play. But for now, they’re just getting the ball rolling. And they’re doing it with a jury trial demand—meaning they don’t want a judge quietly settling this. They want a jury of peers to look at the facts and say: This was unacceptable.

Our take? The most absurd part isn’t just that someone was on LSD while driving a work truck through rural Oklahoma. It’s that the entire system allowed it to happen. An oilfield consultant—working overnight, allegedly under contract with multiple companies, coordinated through digital platforms—ends up high, drunk, and behind the wheel, and nobody saw it coming? No drug testing? No check-ins? No safety protocols? And someone gave him the keys to a truck. The fact that two strips of acid were just… casually in his pocket like expired coupons? That’s not just tragic. It’s surreal. It’s a Saturday Night Live sketch written by a trauma surgeon.

We’re not rooting for blood money. We’re not even rooting for corporate heads to roll—though that’d be satisfying. We’re rooting for accountability. For the idea that just because you’re a contractor, working odd hours in a dangerous industry, doesn’t mean you get a free pass to operate a vehicle like a human pinball. And we’re rooting for the families—Jennifer and Juan Carlos—who didn’t just lose their loved ones in a crash. They lost them to a perfect storm of poor judgment, systemic negligence, and a substance combo so bizarre it sounds fictional. This case isn’t just about a car wreck. It’s about how thin the line is between a paycheck and a body bag when no one’s watching the watchmen. And in Beaver County, Oklahoma, that line may have just been erased by a bad trip.

Case Overview

$75,000 Demand Jury Trial Petition
Jurisdiction
District Court of Beaver County, Oklahoma
Relief Sought
$75,000 Monetary
$1 Punitive
Plaintiffs
Claims
# Cause of Action Description
1 Negligence Plaintiffs claim that Defendants' Decedent Brett Edwards Philen negligently operated his vehicle and was distracted during the time prior to and including the moment of impact, causing the deaths of Plaintiffs' Decedents.
2 Negligence Per Se Plaintiffs claim that Defendants were negligent per se in causing the collision at issue, in violation of Oklahoma statutes.
3 Wrongful Death Plaintiffs claim that Defendants' actions were a direct and proximate cause of the deaths of Plaintiffs' Decedents, and seek recovery for damages and injuries suffered by their respective Decedents and allowed under Oklahoma's wrongful death statutes.
4 Negligent Entrustment Plaintiffs claim that Defendants McCollum negligently entrusted his vehicle to Defendant's Decedent Brett Edwards Philen, a person who said Defendant knew or should have known would operate said vehicle in a dangerous or reckless manner and/or under the influence of alcohol and/or controlled substances.

Petition Text

2,129 words
IN THE DISTRICT COURT OF BEAVER COUNTY STATE OF OKLAHOMA JENNIFER VELEZ, as next of kin of ) ) CLEMENTE VELEZ and ) ) GRISELDA LOMEZ de VELEZ, Deceased; ) ) and JUAN CARLOS MENDOZA, as next of ) ) kin of ) ) MARIA ERNSTINA VELEZ de MENDOZA, ) ) Deceased; ) ) Plaintiffs, v. The Estate of BRETT EDWARDS PHILEN, ) Deceased; ) RYAN McCOLLUM, an individual; ) PHILEN CONSULTING, INC., a foreign ) for-profit corporation; ) DUNCAN OIL PROPERTIES, INC., an ) Oklahoma domestic ) for-profit corporation; ) SIERRA HAMILTON, LLC, a foreign ) limited liability company; ) RIGUP, INC., a foreign for-profit corporation; ) and/or ) UNKNOWN PRINCIPALS AND/OR ) ASSIGNS; ) Defendants. PETITION Plaintiffs Jennifer Velez, as next of kin of Clemente Velez and Griselda Lomez de Velez, Deceased; and Juan Carlos Mendoza, as next of kin of Maria Ernstina Velez de Mendoza, Deceased; for their causes of action against Defendants the Estate of Brett Edwards Philen, Deceased, Ryan McCollum, Philen Consulting, Inc., Duncan Oil Properties, Inc., Sierra Hamilton, LLC, RigUp, Inc. and/or Unknown Principals and/or Assigns (hereinafter collectively, "Defendants") allege and state as follows: JURISDICTION AND VENUE 1. Plaintiff Jennifer Velez is an individual, resident and citizen of Liberal, Seward County, State of Kansas. 2. Plaintiff Jennifer Velez is the natural daughter and next of kin of Clemente Velez and Griselda Lomez de Velez, husband and wife, both deceased. 3. Clemente Velez and Griselda Lomez de Velez died on or about April 29, 2024 in a head-on motor vehicle collision occurring in rural Beaver County, State of Oklahoma. 4. Plaintiff Juan Carlos is an individual, resident and citizen of Perryton, Ochiltree County, State of Texas. 5. Plaintiff Juan Carlos Mendoza is surviving issue and next of kin of Maria Ernstina de Mendoza, deceased. 6. Maria Ernstina de Mendoza died on or about April 29, 2024 in a head-on motor vehicle collision occurring in rural Beaver County, State of Oklahoma. 7. Defendant Estate of Brett Edwards Philen, Deceased was filed in the District Court in and for Henderson County, State of Texas, on or around April 2026, Case No. 114079453. 8. Defendant Ryan McCollum is an individual resident, and citizen of Elk City, Beckham County, State of Oklahoma. 9. Defendant Philen Consulting, Inc. ("Defendant PCI"), is a foreign for-profit corporation organized pursuant to the laws of the State of Texas and at all times relevant hereto doing business in the State of Oklahoma. 10. Defendant Duncan Oil Properties, Inc. ("Defendant Duncan"), is domestic for-profit corporation organized pursuant to the laws of the State of Oklahoma and at all times relevant hereto doing business in the State of Oklahoma. 11. Defendant Sierra Hamilton, LLC is a foreign limited liability company formed pursuant to the Laws of the State of Texas and at all times relevant hereto doing business in the State of Oklahoma. 12. Defendant RigUp, Inc. ("Defendant RigUp"), is a foreign for-profit corporation organized pursuant to the laws of the State of Texas and at all times relevant hereto doing business in the State of Oklahoma. 13. Unknown Principals and/or Assigns, are, upon information and belief, individuals or entities who contracted with Decedent Brett Philen and/or PCI for the performance of oilfield services work in Beaver County, State of Oklahoma. Given the nature of the collision, and the fact that all occupants of all vehicles died in the collision, Plaintiffs, despite undertaking significant efforts to investigate the identities of Unknown Principals and/or Assigns, have been unable to determine said identities. 14. The events giving rise to this lawsuit occurred on U.S. Highway 83, approximately ½ mile north of the Oklahoma / Texas border in Beaver County, State of Oklahoma. Therefore, Plaintiffs’ causes of action arose, in part, in Beaver County, State of Oklahoma. 15. Jurisdiction is therefore proper and venue properly lies in the District Court of Beaver County, State of Oklahoma, pursuant to 12 O.S. § 141. FACTS RELEVANT TO ALL CAUSES OF ACTION 16. On or about the pre-dawn hours of Monday, April 29, 2024, Plaintiffs’ Decedents, Griselda Lomez de Velez, Maria Ernstine Velez de Mendoza, and non-party Esther Espino Puentes were passengers in a car driven by Plaintiff’s Decedent Clemente Velez, who was lawfully and reasonably driving a Blue 2011 Toyota Camry northbound on U.S Highway 83, approximately ½ mile north of the Oklahoma / Texas Border in Beaver County, Oklahoma. 17. At the same time, Defendant’s Decedent, Brett Edwards Philen, was operating a 2008 Ford F-150 pickup, travelling southbound on U.S Highway 83, approximately ½ mile north of the Oklahoma / Texas Border in Beaver County, Oklahoma. 18. At all relevant times, the vehicle driven by Defendant's Decedent Brett Edwards Philen was owned and registered to Defendant Ryan McCollum. 19. For reasons unknown, Defendant's Decedent Brett Edwards Philen departed the roadway to the right, then swerved left, overcorrecting and crossing the centerline of U.S. Highway 83. 20. Defendant's Decedent Brett Edwards Philen then swerved right, sending his vehicle into a sideways yaw in the northbound lane of U.S. Highway 83, where it struck Plaintiffs' Decedent's vehicle in a head-on collision. 21. All occupants of Plaintiffs' Decedent's vehicle were pronounced deceased at the scene. 22. Defendant's Decedent Brett Edwards Philen was transported to Ochiltree County Hospital, where he was later pronounced deceased. 23. Investigating OHP Troopers found an alcohol bottle inside the vehicle driven by Brett Edwards Philen. 24. Upon the arrival of Brett Edwards Philen's body to South Plains Forensic Pathology Laboratory in Lubbock, Texas, the Medical Examiner found what appeared to be two (2) strops of Lyseric Acid Diethylamide (LSD Acid) in Brett Edwards Philen's pants pocket. 25. Upon information and belief, Defendant Brett Edwards Philen and/or Philen Consulting, Inc. were performing nightshift frack well completion consulting services to Defendant Duncan, by and through Defendants Sierra Hamilton, RigUp, and/or Unknown Principals and/or Assigns during the time leading up to the fatal collision. 26. The subject collision herein claimed the lives of five (5) people. FIRST CAUSE OF ACTION - NEGLIGENCE Plaintiffs hereby adopt, incorporate by reference, and re-allege the allegations contained in Paragraph 1-26 of this Petition as if fully set forth herein. 27. Defendant’s Decedent Brett Edwards Philen negligently operated his vehicle and was distracted during the time prior to and including the moment of impact. 28. Defendant’s Decedent Brett Edwards Philen’s actions in his use of alcohol and controlled substances while operating a vehicle on an Oklahoma roadway were life threatening, wanton, and/or in reckless disregard for the rights of others. 29. As a result of the Defendant’s Decedent Brett Edwards Philen’s negligence, Clemente Velez and Griselda Lomez de Velez, Maria Ernstina Velez de Mendoza, and non-party Esther Espino Puentes were killed. 30. The deaths of Plaintiff’s Decedents were caused by the negligence of Defendant’s Decedent Brett Edwards Philen, PCI, Duncan, Sierra Hamilton, an/or RigUp on the basis of the doctrine of respondeat superior, and/or Unknown Principals and/or Assigns for whom Defendant’s Decedent Brett Edwards Philen and/or PCI were providing oilfield services, without any negligence on the part of Plaintiffs’ Decedents. 31. Defendants’ actions were the direct and proximate cause of the death of Plaintiffs’ Decedents. SECOND CAUSE OF ACTION – NEGLIGENCE PER SE Plaintiffs adopt, incorporate by reference, and re-allege the allegations contained in paragraphs 1-31 of Plaintiff’s Petition above as if fully set forth herein. 32. Pursuant to 47 O.S. § 11-901b, “the operator of every vehicle, while driving, shall devote their full time and attention to such driving.” 33. Pursuant to 47 O.S. § 11-901, “[i]t shall be deemed reckless driving for any person to drive a motor vehicle in a careless or wanton manner without regard for the safety of persons or property or in violation of the conditions outlined in Section 11-801 of this title." 34. Pursuant to 47 O.S. § 11-902(A), "It is unlawful . . . for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways . . . who: 1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath; 2. Is under the influence of alcohol; Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s blood, saliva, urine, or any other bodily fluid at the time of a test of such person’s blood, saliva, urine, or any other bodily fluid; 4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle . . . ; or 5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle. The timing requirement for the administration of tests pursuant to Section 756 of this title shall not apply to this paragraph." 35. The death of Plaintiffs’ Decedents is the type of injury the aforementioned statutes seek to prevent. As such, Defendants were negligent per se in causing the collision at issue. 36. Plaintiffs’ damages, including the deaths of Plaintiff’s Decedents, were directly and proximately caused by Defendants’ violation of the aforesaid Oklahoma statutes. THIRD CAUSE OF ACTION – WRONGFUL DEATH Plaintiffs adopt, incorporate by reference, and re-allege the allegations contained in paragraphs 1-36 of Plaintiff’s Petition as if fully set forth herein. 37. As a direct result of Defendants’ negligence, negligence per se, reckless, willful, and/or wanton conduct, Plaintiffs’ Decedents sustained fatal injuries. 38. The foregoing acts and/or omissions of Defendants were a direct and proximate cause of the deaths of Plaintiffs’ Decedents 39. Plaintiffs seek recovery for damages and injuries suffered by their respective Decedents and allowed under Oklahoma’s wrongful death statutes or any other applicable law. 40. Plaintiffs seek recovery of damages allowed under Oklahoma’s wrongful death statute, including but not limited to: A. . . . B. The mental pain and anguish suffered by the decedent, which shall be distributed to the surviving spouse . . . or next of kin in the same proportion as personal property of the decedent. C. The pecuniary loss to the survivors based upon properly admissible evidence with regard thereto including, but not limited to, the age, occupation, earning capacity, health habits, and probable duration of the decedent’s life, which must inure to the exclusive benefit of the surviving spouse . . . next of kin, and shall be distributed to them according to their pecuniary loss. D. The grief and loss of companionship of the parents of the decedent, which shall be distributed to them according to their grief and loss of companionship. E. Punitive damages caused by the wrongful death of Plaintiffs’ Decedents. FOURTH CAUSE OF ACTION — NEGLIGENT ENTRUSTMENT Plaintiffs adopt, incorporates by reference, and re-alleges the allegations contained in Paragraphs 1-40 of Plaintiff’s Petition above as if fully set forth herein. 41. Defendant McCollum negligently entrusted his vehicle to Defendant’s Decedent Brett Edwards Philen, a person who said Defendant knew or should have known would operate said vehicle in a dangerous or reckless manner and/or under the influence of alcohol and/or controlled substances. 42. Defendant PCI, Duncan, Sierra Hamilton, RigUp and/or Unknown Principals were negligent in hiring, supervising, and/or retaining Defendant’s Decedent Brett Edwards Philen, a person who said Defendants knew or should have known would operate said vehicle in a dangerous or reckless manner and/or under the influence of alcohol and/or controlled substances. 43. Defendant PCI, Duncan, Sierra Hamilton, RigUp and/or Unknown Principals engaged in reckless disregard for others when they committed the actions and omissions that gave rise to the collision. 44. Defendants McCollum, PCI, Duncan, Sierra Hamilton, RigUp and/or Unknown Principals’ actions leading to the collision constitute gross negligence. 45. Plaintiffs’ Decedents died as a result of the collision. Plaintiffs, therefore, are entitled under Oklahoma Law to compensation for all resulting harms and losses as outlined in Oklahoma Uniform Jury Instructions 4.1, 4.2, and 4.3. 46. Plaintiffs’ property sustained substantial damage as a result of the collision, resulting in diminished value and Plaintiffs’ loss of use thereof warranting an award of monetary damages therefor as well as Plaintiff’s attorney’s fees. 47. As such, Plaintiffs seek all damages legally recoverable from Defendants, and each of them, resulting from the harms articulated in this Petition. WHEREFORE, Plaintiffs Jennifer Velez, as next of kin of Clemente Velez and Griselda Lomez de Velez, Deceased; Juan Carlos Mendoza, as next of kin of Maria Ernstina Velez de Mendoza, Deceased pray for judgment against Defendants the Estate of Brett Edwards Philen, Deceased, Philen Consulting, Inc., Ryan McCollum, Duncan Oil Properties, Inc., Sierra Hamilton, LLC, RigUp, Inc. /or Unknown Principals and/or Assigns in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00), plus punitive damages, together with interest and costs of this action and for such other relief as the Court deems just and equitable under the circumstances. Respectfully Submitted, Benjamin R. Grubb, OBA #31569 Cooper Larson #36796 DEWITT PARUOLO & MEEK, PLLC 705 N.W. 4th Street Oklahoma City, Oklahoma 73102 Telephone: 405/705-3600 Facsimile: 405/705-2573 [email protected] | [email protected] Attorneys for Plaintiff
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