MO3’s young children can likely still sue Yella Beezy and the gunman for wrongful death, even though the deadline for the rest of his family has passed.
Texas gives most families two years from the death to file a wrongful death lawsuit after a murder, and for MO3 that deadline passed in November 2022.
A minor child’s claim can stay open until age 20, and even a winning judgment can be very hard to collect.
On November 11, 2026, six years to the day after MO3 was shot on a Dallas highway, a jury convicted Markies Conway, known as Yella Beezy, of capital murder.
The criminal trials of the shooter and the man who hired him are over, but the questions about deadlines, defendants and collecting money are only starting.
Can MO3’s Family Still Sue Yella Beezy Six Years Later?
MO3’s children can likely still sue, because at least one of them was a toddler when he died, and a minor child’s two-year deadline does not start running until age 18.
For his parents, the two-year deadline to file a wrongful death lawsuit ran out on November 11, 2022.
A child who was a minor at the time of the death is the main exception to that deadline under Texas law.
The Two-Year Deadline Applies to Most of the Family
Texas law says a person “must bring suit not later than two years after the day the cause of action accrues” in a case for injury resulting in death, and that the claim “accrues on the death of the injured person” (Tex. Civ. Prac. & Rem. Code § 16.003(b)).
MO3 was killed on November 11, 2020, when a gunman chased him across Interstate 35E in broad daylight.
That put the deadline for his parents’ wrongful death claims at November 11, 2022.
The estate’s separate survival claim for the harm MO3 himself suffered generally runs on the same two-year clock, because he died the same day he was shot.
A Minor Child’s Claim May Still Be Open
Texas pauses the two-year deadline for a child who was under 18 when a parent died.
In a 2000 case, a Texas appeals court held that the deadline on a minor’s wrongful death claim did not start running until the child turned 18, even though the mother’s own claim was too late.
That generally gives a child until age 20 to file.
MO3’s mother testified that he was a devoted father of three who helped support his children financially.
News coverage after the shooting reported that he left behind three young children, and that one of them had turned 3 just months before he was killed.
A child that age would generally have until roughly 2037 to file, and the claim could reach both the shooter and the man who paid for the killing.
Attorney Ramez Shamieh, the founder of Shamieh Law, explains what this means for a family in MO3’s position.
“It will depend on whether there are any children of the decedent, the person who died. If there are children under 18, then they have until the age of 20 to file a wrongful death claim, so that’s the first step. If there are no children under 18, then the time limit to file suit has already passed, and they will have no legal recourse.”
Why Waiting for the Criminal Trial Can Cost a Family Its Claim
The civil deadline does not wait for police to finish an investigation or for prosecutors to file charges.
Yella Beezy was arrested on March 20, 2025, more than two years after the adult family members’ deadline had already passed.
The Texas Supreme Court has held that a civil conspiracy claim takes the limitations period of the underlying tort, so a claim against the person who planned a killing generally runs on the same clock as the claim against the shooter.
The Texas Supreme Court has also held that the “discovery rule,” which can delay a deadline until someone learns about an injury, does not apply to wrongful death claims under this statute, according to a Dallas Court of Appeals opinion that discusses that ruling.
That same Dallas court held that a separate doctrine called fraudulent concealment was not abolished for wrongful death claims, but it is a narrow argument that may only help in unusual cases.
Picture a family in Pleasant Grove whose son is shot in 2024.
Police make an arrest, and the family decides to wait for the criminal trial before calling a lawyer.
If the trial takes three years, the parents’ two-year deadline could pass before a jury ever hears the case.
Who Can File a Wrongful Death Lawsuit in Texas?
Only the surviving spouse, children and parents of the person who died can bring a wrongful death claim in Texas.
The statute says the action “is for the exclusive benefit of the surviving spouse, children, and parents of the deceased” (Tex. Civ. Prac. & Rem. Code § 71.004).
One or more of them can file the case for the benefit of all of them.
If none of them files within three calendar months after the death, the executor or administrator of the estate must bring the case, unless all of those family members ask that it not be filed.
Can Siblings Sue for Wrongful Death in Texas?
No, brothers and sisters cannot bring a wrongful death claim in Texas.
In 2025, House Bill 4327 would have added siblings to the list of people who can sue.
The bill passed the Texas House but died in the Senate State Affairs Committee, so the law did not change.
That means a person who loses a brother or sister to violence still has no wrongful death claim of their own.
The Estate’s Survival Claim
A separate survival claim belongs to the person who died, not to the family members.
Texas law says a personal injury action “survives to and in favor of the heirs, legal representatives, and estate of the injured person” (Tex. Civ. Prac. & Rem. Code § 71.021).
A survival claim covers the person’s own losses before death, such as conscious pain and suffering and medical bills.
The family’s wrongful death claim covers their own losses, such as loss of companionship, lost financial support and mental anguish.
Can the Family Sue Both the Shooter and the Man Who Paid Him?
Yes, in a murder-for-hire case a family can generally sue the person who pulled the trigger and anyone who conspired to plan or pay for the killing, as long as the claim is filed on time.
Each person’s role affects how the claim is proven.
The Shooter
Jurors found Kewon White guilty of capital murder in September 2026, and the judge sentenced him to life in prison with no chance of parole.
Authorities said White chased MO3 and shot him on Interstate 35E.
The Dallas County District Attorney’s Office said investigators identified White as the gunman using surveillance footage, cellphone records, jail calls and financial records.
A wrongful death claim against the shooter rests on the act that caused the death itself.
The Person Who Paid for the Killing
A Dallas County jury convicted Markies Conway, known as Yella Beezy, of capital murder on November 11, 2026, and he was sentenced to life without parole.
Prosecutors accused him of paying a gunman $40,000 to kill MO3.
The Texas Supreme Court describes civil conspiracy as a “derivative tort” and “a theory of vicarious liability” that depends on taking part in some underlying wrong.
In practice, that generally means a person who paid for or planned a killing can be held responsible for the harm the plan caused, even if someone else fired the shots.
Others Charged in the Case
A third man, Devin Brown, is also charged with capital murder in MO3’s death.
He has not been convicted.
Any civil claim against a person who has not been convicted would have to be proven on its own evidence.
How a Criminal Conviction Helps in a Civil Case
A criminal conviction can be strong evidence in a wrongful death case.
In one Texas case, the trial court admitted the defendant’s murder conviction into evidence, and the family’s judgment of $753,885.50 was affirmed on appeal.
A conviction only carries that weight if it stands, because “a conviction overturned on appeal cannot constitute a final judgment” for this purpose, according to a federal appeals court decision.
White has filed an appeal, and Conway’s lawyer told reporters, “We have excellent appellate points.”
The criminal case and the civil case work very differently, as the table below shows.
| Criminal case | Civil wrongful death case | |
|---|---|---|
| Who brings it | The State of Texas, such as State vs. Kewon White | The surviving spouse, children and parents |
| Burden of proof | Beyond a reasonable doubt, to all jurors | Preponderance of the evidence |
| Possible result | Prison, such as life without parole | Money damages |
| Does the family get paid? | No | Only if the family wins and can collect |
A criminal conviction does not compensate the family financially, so a family that wants money for its losses has to file a separate civil case.
The lower civil standard also means a defendant who is acquitted in criminal court could still be found liable in a civil suit.
What Can the Family Recover in a Texas Wrongful Death Case?
A Texas wrongful death claim can recover actual damages and, when a death is caused by a willful act, exemplary damages as well.
State law says that “when the death is caused by the wilful act or omission or gross negligence of the defendant,” exemplary as well as actual damages may be recovered.
Family members typically seek damages for loss of companionship, lost financial support and mental anguish.
Are Punitive Damages Capped in a Murder Case?
The usual Texas cap on punitive damages does not apply when the claim is based on murder or capital murder committed knowingly or intentionally.
In most cases, exemplary damages may not exceed the greater of $200,000 or two times economic damages plus noneconomic damages of up to $750,000 (Tex. Civ. Prac. & Rem. Code § 41.008).
The same statute removes that cap for claims based on felony conduct under the Penal Code sections for murder and capital murder.
In a murder-for-hire case, that may leave a jury free to set punitive damages without the usual limit, though any award still has to be collected.
Why Winning a Judgment Does Not Mean Getting Paid
A court judgment gives a family the legal right to collect money, but it does not put money in their hands.
In Texas, only property the law does not protect can be taken to pay a judgment, and a Texas court guide warns that “it is very difficult to collect a money judgment in Texas.”
Shamieh Law founder Ramez Shamieh has seen how long this process can take in his own cases.
“A case that took nine years involved appeals and was a case during Covid, which took forever to get to trial.
Some of these cases can just take a long time to get to trial, and then if you win at trial, it can get appealed, which it did in this case.
After the appeal, you have to start doing post-judgment discovery and collection.
What’s really hard around the country is the process of collecting the money.
Most businesses protect themselves against judgments, so there are specific laws in each state that only allow you to go in and get certain assets from companies or individuals, and those are limited.”
What Texas Protects From Collection
Texas law lists current wages among the property that is exempt from collection.
A debtor’s homestead is also protected, along with certain personal property up to a combined value of $50,000 for a single person or $100,000 for a family.
That means money for a judgment often has to come from bank accounts, real estate that is not a homestead, business interests or other property the law does not shield.
What a Life Sentence Means for Collection
Both men convicted in MO3’s death were sentenced to life without parole.
A person serving a life sentence typically has little or no paycheck to collect from, and Texas does not allow ordinary garnishment of current wages in any case.
That often pushes collection toward whatever assets the person owned before prison or may have a right to receive in the future.
How Long a Texas Judgment Lasts
A Texas judgment “becomes dormant unless a writ of execution is issued within ten years after rendition.”
A dormant judgment can be revived, but only by an action filed within two years after it goes dormant.
Families who win a judgment generally need a plan to keep it active for as long as it takes to collect.
Collection Tools That Can Still Work
The Texas turnover statute lets a creditor reach property “including present or future rights to property, not exempt from attachment, execution, or seizure.”
For a defendant with music catalogs or other ongoing income rights, a turnover order may be one way to reach future payments.
Whether it works depends on the facts and on the type of asset involved.
Can a Killer Wipe Out the Judgment in Bankruptcy?
Usually not, because federal bankruptcy law does not discharge a debt “for willful and malicious injury by the debtor to another entity.”
A judgment for an intentional killing will often fall into that category.
The family may still need to prove it in the bankruptcy case.
How Texas Compares With Other States
Every state sets its own limits on what a judgment creditor can take, and the rules vary widely from one state to the next.
| State | The debtor’s home | The debtor’s paycheck | How long the judgment lasts |
|---|---|---|---|
| Texas | Homestead protected (Texas Law Help) | Current wages exempt | Dormant after 10 years without a writ of execution; can be revived within 2 years |
| Louisiana | $35,000 of homestead value exempt (U.S. Bankruptcy Court, E.D. La.) | Creditor can take the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum wage (Nolo) | 10 years (Bills.com) |
| Arkansas | Homestead of a married person or head of family protected by the state constitution (Bills.com) | Up to 25% of wages for most people (Nolo) | 10 years; collection efforts restart the clock (Nolo) |
| Florida | Home you own and live in protected from most creditors, up to one-half acre in a city or 160 acres outside one (The Florida Bar) | Head of family wages of $750 a week or less exempt | Up to 20 years; can be renewed for 20 more |
| California | $300,000 to $600,000 of home value protected (Advocate Magazine) | Lesser of 20% of disposable earnings or 40% of earnings above 48 times the minimum wage (Recording Law) | 10 years; must be renewed before it expires (California Courts) |
Texas stands out because ordinary judgment creditors cannot garnish current wages at all, while Louisiana, Arkansas and California allow part of a paycheck to be taken.
Florida protects the paychecks of many heads of family and lets a judgment last up to 20 years.
When a defendant moves or owns property in another state, these differences may affect where and how a family tries to enforce a judgment.
Other Help for Families of Homicide Victims in Texas
Texas families who lose someone to violent crime may qualify for help from the state’s Crime Victims’ Compensation program, whether or not they ever file a lawsuit.
The program runs through the Texas Office of the Attorney General and is available to assist victims of violent crime with expenses associated with the crime, including funeral costs.
Families facing these losses are not rare in North Texas, where Dallas recorded 141 homicides in 2025, the city’s lowest total since 2015.
Across the state, CDC data show 1,450 gun homicides in Texas in 2024.
Get Help With a Wrongful Death Claim in Dallas
MO3’s case shows that a guilty verdict is only the start for a grieving family, because the filing deadline and the ability to collect decide whether a wrongful death lawsuit after a murder ever pays.
Shamieh Law treats every client like family and gets to work fast, so those questions get answered before time runs out.
As Wrongful Death Attorneys in Texas with offices in Dallas and Austin, Shamieh Law can help your family with a wrongful death claim after a violent loss.
Contact us today.
Frequently Asked Questions
Can you sue someone for wrongful death after they are convicted of murder in Texas?
Yes. A murder conviction does not pay the victim’s family, so the surviving spouse, children and parents must file a separate civil case under the Texas wrongful death statute. A final conviction can help prove the case, but the lawsuit still has to be filed within two years of the death, or generally by age 20 for a minor child.
Can siblings file a wrongful death lawsuit in Texas?
No. Texas limits wrongful death claims to the surviving spouse, children and parents of the person who died. A 2025 bill, HB 4327, would have added siblings, but it passed the House and died in a Senate committee without becoming law. That means siblings still cannot file a wrongful death claim of their own in Texas.
Can you sue the person who hired or helped a killer in Texas?
Yes, in many cases. Texas courts treat civil conspiracy as a way to hold people responsible for a wrong they planned with others, so a person who paid for or helped plan a killing can generally be named in the lawsuit. The conspiracy claim carries the same two-year deadline as the underlying claim, so families should act quickly.
How long do you have to file a wrongful death lawsuit in Texas?
Most families have two years from the date of death. That statute of limitations does not run against a child under 18, so a minor child generally has until age 20 to file. The clock does not wait for a criminal case to end, so families who wait for a verdict can lose their claim.
What happens if the person you win a judgment against cannot pay?
The judgment stays on the books, but Texas protects a debtor’s homestead and current wages, which limits what a family can take. A Texas judgment goes dormant if no writ of execution is issued within 10 years, and it can be revived within two more years. Debts for willful and malicious injury generally cannot be wiped out in bankruptcy.
Photo of Yella Beezy by All Urban Central via YouTube, CC BY 3.0, expanded and cropped