FILED

3/28/2023 1:13 PM
Gloria A. Martinez
Bexar County District Clerk
Accepted By: Martha Laura Medellin
Bexar County - 73rd District Court
CAUSE NO. 2022CI12922

HYACINTH FERRON, § IN THE DISTRICT COURT

INDIVIDUALLY AND AS NEXT §
FRIEND OF A.M., A MINOR CHILD, §
AND THE ESTATE OF ANDREEN §
NICOLE MCDONALD, DECEASED §
Plaintiffs, § 73rd JUDICIAL DISTRICT
§
§
V. §
§
§
ANDRE SEAN MCDONALD §
Defendant. § BEXAR COUNTY, TEXAS

PLAINTIFFS’ SECOND AMENDED ORIGINAL PETITION

Now come HYACINTH FERRON, INDIVIDUALLY AND AS NEXT FRIEND OF

A.M., A MINOR CHILD, and THE ESTATE OF ANDREEN NICOLE MCDONALD,

DECEASED, hereinafter referred to as “Plaintiffs,” and file this, Plaintiffs’ Second Amended

Original Petition, complaining of ANDRE SEAN MCDONALD, hereinafter referred to as

“Defendant,” and for cause of action would show unto this Court as follows:

I.

DISCOVERY CONTROL PLAN LEVEL

1. This case is set for trial on April 10, 2023. .

II.

PARTIES AND SERVICE

2. Plaintiff HYACINTH FERRON resides in San Antonio, Bexar County, Texas and

brings this suit in the following capacities:

a. As a statutory beneficiary of the decedent;

b. As the surviving parent of the decedent;

 c. As representative of that class of persons authorized to bring an action under
Chapter 71 of the Texas Civil Practice & Remedies Code; and

d. As representative of that class of persons authorized to bring a survival

action under Section 71.021 of the Texas Civil Practice & Remedies Code.

3. Plaintiff A.M., A Minor Child, resides in San Antonio, Bexar County, Texas and

brings this suit in the following capacities:

a. As a statutory beneficiary of the decedent;

b. As the surviving biological child of the decedent;

c. As representative of that class of persons authorized to bring an action under

Chapter 71 of the Texas Civil Practice & Remedies Code; and

d. As representative of that class of persons authorized to bring a survival

action under Section 71.021 of the Texas Civil Practice & Remedies Code.

4. Plaintiff THE ESTATE OF ANDREEN NICOLE MCDONALD, DECEASED,

brings this suit in the following capacities:

a. THE ESTATE OF ANDREEN NICOLE MCDONALD, DECEASED;

b. As representative of that class authorized to bring an action under Chapter

71 of the Texas Civil Practice & Remedies Code; and

c. As representative of that class authorized to bring a survival action under

Section 71.021 of the Texas Civil Practice & Remedies Code.

5. Defendant ANDRE SEAN MCDONALD is a resident of San Antonio, Bexar

County, Texas and has made an appearance herein. No further service of process is requested at

this time.

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 III.

JURISDICTION AND VENUE

6. The subject matter in controversy is within the jurisdictional limits of this court.

Plaintiffs rely solely on Texas state law to the exclusion of any federal law. In the case of misnomer

or misidentification, Plaintiffs sue the Defendant pursuant to TRCP 28.

7. Venue in Bexar County is proper in this cause pursuant to Section 15.002(a)(1) of

the Texas Civil Practice and Remedies Code because all or a substantial part of the events or

omissions giving rise to this lawsuit occurred in Bexar County.

IV.

FACTS

8. Defendant ANDRE SEAN MCDONALD murdered and intentionally caused the

death of ANDREEN NICOLE MCDONALD on or about July 11, 2019. Defendant’s acts and

omissions in causing the death of ANDREEN NICOLE MCDONALD, then in hiding her body,

then desecrating her body, and then hiding and failing to reveal his guilt to law enforcement and

ANDREEN NICOLE MCDONALD’s family, including Plaintiff, HYACINTH FERRON and

A.M., A MINOR CHILD was malicious, willfull, unconscionable, designed to perpetuate a fraud

on Plaintiffs, and derived for Defendant ANDRE SEAN MCDONALD’s financial gain.

9. ANDREEN NICOLE MCDONALD is survived by her mother, HYACINTH

FERRON and her minor daughter, A.M.

V.

DAMAGES

10. Plaintiffs will show that, as a result of the aforementioned incident, Plaintiffs have

been caused to sustain mental anguish, pecuniary loss, and loss of society from the time of the

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incident in question up to the present time, and will, in all probability, continue to suffer such

mental anguish in the future.

11. Plaintiffs bring this action under the Texas Wrongful Death Statue and are entitled

to all damages set out within said statute, including physical pain and mental anguish and funeral

and burial expenses.

12. Plaintiffs also assert the Judge and Jury should award exemplary damages.

13. To prevent Defendant’s unjust enrichment, Plaintiffs are entitled to a constructive

trust over all Defendant’s interest in all real and personal property including, but not limited to,

any and all assets of martial property of Andreen McDonald and Andre McDonald, all community

property and separate property of Andreen McDonald, all property of The Estate of Andreen

McDonald, and all community property and separate property of Defendant ANDRE SEAN

MCDONALD, no matter when said property(s) was and/or is obtained in the future.

VI.

14. Plaintiffs will further show that Plaintiffs are entitled to recover interest for all

elements of damages recovered for which the law provides, for pre-judgment interest beginning

on either the 180th day after the Defendant receives written notice of claim or the day suit is filed,

whichever is earlier, and ending on the day preceding the date judgment is entered at the

prejudgment interest rate governed by the Revised Civil Statutes of the State of Texas.

Additionally, Plaintiffs are entitled to recover post-judgment interest at the statutory rate as set out

in of the Revised Civil Statutes of the State of Texas, beginning the day judgment is entered until

the day preceding full and complete satisfaction of said judgment, and for court costs.

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 VII.

15. Plaintiffs state that, as a result of the above and foregoing elements of damages,

Plaintiffs have been damaged as set out above in an amount within the jurisdictional limits of this

Court. The amount of money that would fairly and reasonably compensate Plaintiffs is to be

decided by the judge and jury in this case and Plaintiffs state that regardless of the amount

ultimately set forth by the judge and jury the maximum amount of damages sought are over

$1,000,000.00.

VIII.

16. Under the Texas Rule of Civil Procedure 194, it is requested that Defendant provide

the required initial disclosures to all parties pursuant to Texas Rule of Civil Procedure 194.2, 194.3

and 194.4.

IX.

17. The following is the undersigned attorney’s designation of electronic service email

address for all electronically served documents and notices, filed and unfiled, pursuant to Texas

Rule of Civil Procedure 21(f)(2) & 21(a). (RonS@davislaw.com; ralphl@davislaw.com;

DesireeM@davislaw.com; ErikaK@davislaw.com; AmandaS@davislaw.com;

CrystalJ@davislaw.com; reneh@davislaw.com; licir@davislaw.com; and

michaels@davislaw.com). This is the undersigned’s ONLY electronic service email addresses and

service through any other email addresses will be considered invalid.

X.

JURY DEMAND

18. Plaintiffs demand a trial by jury and tender the jury fee.

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 XI.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that upon

final hearing of the cause, judgment be entered for the Plaintiffs against Defendant for the actual

damages requested hereinabove in an amount in excess of the minimum jurisdictional limits of the

Court, but within the jurisdictional limits of this court, together with punitive and exemplary

damages, prejudgment and post-judgment interest at the maximum rate allowed by law, costs of

court, and such other and further relief to which the Plaintiff may be entitled at law or in equity,

general or specific, whether pled or unpled.

Respectfully submitted,

DAVIS LAW FIRM

10500 Heritage Blvd., Suite 102
San Antonio, TX 78216
Telephone: (210) 444-4444
Facsimile: (210) 870-1463

By: /s/ Ron Salazar

RON SALAZAR, OF COUNSEL
Texas Bar No. 00788341
Email: RonS@davislaw.com
RALPH LOPEZ, OF COUNSEL
Texas Bar No. 12569200
Email: RalphL@davislaw.com
DESIREE MARRUFO
Texas Bar No. 24046351
Email: Desireem@davislaw.com

ATTORNEYS FOR PLAINTIFFS

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 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing has been forwarded
to the following Defendant, Andre McDonald in accordance with the Texas Rules of Civil
Procedure and the procedures promulgated by Texas Department of Criminal Justice Garza West
Unit on this the 28th day of March, 2023:

Via E-Service
Andre McDonald
Texas Department of Criminal Justice
GARZA WEST UNIT
4250 Highway 202
Beeville, Texas 78102
Service Email: newandremcdonald@gmail.com
PRO SE DEFENDANT

/s/ Ron Salazar

RON SALAZAR, OF COUNSEL

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 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Amanda Salinas on behalf of Ronald Salazar

Bar No. 788341
amandas@davislaw.com
Envelope ID: 74082452
Filing Code Description: SECOND AMENDED PETITION
Filing Description:
Status as of 3/29/2023 2:24 PM CST

Associated Case Party: Hyacinth Ferron

Name BarNumber Email TimestampSubmitted Status

Ron Salazar RonS@davislaw.com 3/28/2023 1:13:39 PM SENT

Ralph Lopez Ralphl@davislaw.com 3/28/2023 1:13:39 PM SENT

Desiree Marrufo desireem@davislaw.com 3/28/2023 1:13:39 PM SENT

Associated Case Party: AndreSeanMcDonald

Name BarNumber Email TimestampSubmitted Status

Andre McDonald newandremcdonald@gmail.com 3/28/2023 1:13:39 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Rene Herrera ReneH@davislaw.com 3/28/2023 1:13:39 PM SENT

Erika Kincaid ErikaK@davislaw.com 3/28/2023 1:13:39 PM SENT

Crystal Sullivan crystals@davislaw.com 3/28/2023 1:13:39 PM SENT

Amanda Salinas AmandaS@davislaw.com 3/28/2023 1:13:39 PM SENT

Karen R.Andersen karen@theandersenfirmpllc.com 3/28/2023 1:13:39 PM SENT

Lici Raygoza licir@davislaw.com 3/28/2023 1:13:39 PM SENT

Michael Carter mcarter@gardnertx.com 3/28/2023 1:13:39 PM SENT

Javi Fuentes jfuentes@gardnertx.com 3/28/2023 1:13:39 PM SENT

Gaiane Sarkisian gsarkisian@gardnertx.com 3/28/2023 1:13:39 PM SENT

Jessica Newill jnewill@gardnertx.com 3/28/2023 1:13:39 PM SENT

Laird McNeil texjur@gmail.com 3/28/2023 1:13:39 PM SENT

 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Amanda Salinas on behalf of Ronald Salazar

Bar No. 788341
amandas@davislaw.com
Envelope ID: 74082452
Filing Code Description: SECOND AMENDED PETITION
Filing Description:
Status as of 3/29/2023 2:24 PM CST

Case Contacts

Jean Brown jean@jeanbrownlaw.com 3/28/2023 1:13:39 PM SENT