this so frustrating...I need answers not just passing the buck

[jessica31876]

After my husband's car accident last year we were assured the guy who hit him was going to be charged with vehicular homicide. The homicide investigator told us this multiple times. Even after he had made the decision to solely charge him with running the red light to which he plead not guilty. So when we found this out by me checking the public records site and called him to find out what the heck is going on he passed the buck and said oh yea I tried but the state attorney declined to press charges. Well I called the state attorney's office and spoke to a supervisor who told me there was no record of the case and if charges were recommended they would pursue them. So eventually I got my hands on the homicide report and this is the cover page:




You can clearly see it says it does not meet the requirements to be sent to the state attorney. And the investigation was completed long before we last spoke to the homicide investigator. He knew flat out there were not going to be anymore then a ticket and could have told us that.

Well I did not agree with their findings so I contacted the state attorney general's office who told me to contact Florida Dept. of Highway Safety and Motor Vehicles-Inspector General's office. I contacted them and they sent it back to the investigating officer's supervisor who was pretty ignorant to me. So for the time being I let it go to see what would happen with the ticket he got. And it went on and on waiting for it to be handled. Eventually I contacted the head of FHP Col. Brierton. He sent the case to the person under him to be investigated and it is being re-investigated but he flat out told me most likely there will be no new charges. After talking to him awhile it came to light that the homicide investigator has basically made it appear that the man who hit my husband had just ran a light that had just turned red...like it was yellow and it turned red as he went through it and MY HUSBAND floored it when his light turned green. There were lots of witnesses though many of whom they did not bother getting statements from.

So now the courts messed up the ticket because he was contesting it and did not give him a "speedy trial" so his whole ticket was dismissed. No ticket-no fine-no suspension of his license...basically like this whole thing never happened. To add insult to injury they give the man an armed escort to his vehicle from the court room.

So after calling the head of FHP again and talking to the guy I have been dealing with and telling him all this he said they are reinvestigating and the information I gave him about the light being delayed for nearly a minute and not a few seconds as he was led to believe makes a huge difference. He is also going to find out why they did not take all the statements of witnesses.

Here is where it gets confusing though. The lead guy I talked to said FHP is required by law to take all statements. I was told flat out by one of the witnesses there were a lot of people who were turned away and not given the oppurtunity to give a statement.

This same FHP worker told me that all cases have to be submitted to the state attorney but then a couple weeks later tells me Orange County is one of the few counties who will not see a case unless they recomend charges so that tells me that Corporal Gensler never intended to charge this guy at all and was lying to us when he said he was recomendding charges.

It feels like everywhere I turn I get information that contradicts what I was just told. Like the FHP investigator who has the case now told me if I can get the state attorneys office to look at the case then they can decide to press charges. I just called our districts office and they told me no that is not how it works. That the case has to be sent from the investigating agency.

It feels like this guy somehow knows someone because my daughter's husband got a reckless driving charge for just squaling his tires. Did not hurt anyone and he did not do it on purpose. So that is reckless but running a red light and causing permanent brain injuries to one person and killing another isn't?

I really wish I could get a straight answer and I really want this man to face the charges he should be facing all along. The look on his face when the judge dismissed the case was just to much. He was so arrogant.

Then there were about 8 or so FHP officers trying to tell my husband, me and my aunt oh this is no big deal he can still be charged with homicide. Well according to our local FHP officer he did not do anything but run a red light. It is so beyond frustrating to not get any answers or get answers that make absolutely no sense to me.

[dana]

oh jessica - i can see how this would be so incredibly frustrating i wish there was something i could do (((hugs))) ...

[jessica31876]

I mean I have looked up the statutes. Granted I am not an attorney but this is what it says:

782.071- Vehicular homicide.—“Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

& reckless driving statutes:

Florida Statutes Section 316.192: Reckless Driving [5]

(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
(3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes:
1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.
(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse

[Darcy Baldwin]

Jessica - it's really time you guys got an attorney. Because the officer needs to be investigated, and you need to threaten a suit - not because you'll receive any money, but this is a pretty big gross injustice from the officer's standpoint if they didn't follow the law.

[SmallMoments]

Originally Posted by Darcy Baldwin

Jessica - it's really time you guys got an attorney. Because the officer needs to be investigated, and you need to threaten a suit - not because you'll receive any money, but this is a pretty big gross injustice from the officer's standpoint if they didn't follow the law.

I agree with Darcy. Obviously they aren't taking you seriously & this would probably get it through to them that you are VERY serious. How frustrating for you!

[jessica31876]

What kind of attorney? We cannot bring a civil suit because we have already signed a release after talking to half a dozen personal injury attorneys. We had one investigate this guy up and down and back and forth and found out every single detail you could possibly know about him. He gave us his findings and apologized but said the insurance settlement we were offered is the best we will get. I have suggested that to my husband as it does not seem right what they are doing yet I have no idea what type of attorney to call to represent us.

Originally Posted by Darcy Baldwin

Jessica - it's really time you guys got an attorney. Because the officer needs to be investigated, and you need to threaten a suit - not because you'll receive any money, but this is a pretty big gross injustice from the officer's standpoint if they didn't follow the law.

[Milmomma]

I'm of no help, I just wanted to pass along some ((hugs)) as I can only imagine how frustrating this all must be for you. :/

[joelsgirl]

That makes me sick, Jessica. To think of all the pain he has caused your family and for him to not suffer any consequences is terrible. And how could the cop just straight up lie to you like that? It's really mind blowing the way all this has gone down.

[KristinCB]

Does this boy's family have ties high up there or something? It really truly makes me sick

[marlathrall]

I would get an attorney and threaten to sue the state and county. I think that might be your best bet at this point.

I am so sorry you are going through this. It's just wrong that the system that is meant to protect people if failing so bad in your case.

[Darcy Baldwin]

You're not looking at a personal injury attorney for the guy - you're looking to sue the state for the mishandling of the case. I don't know what kind, but you might want to put some feelers out to a few law firms to see what info you can get from them on how to handle this.

[AmberK]

Can you sue the state in Florida? I know in Texas the state cannot be sued. That might have changed but I know it used to be that way.

But I agree- call some law firms and put out some feelers. My cousin is a lawyer here in Texas and I can ask him if he knows what type of lawyer you should be looking for. Will let you know what he says.

[Shawna Clingerman]

oh jessica, i can only imagine how LIVID i would be! that is just wrong - all of it!

[SeattleSheri]

That is really sucky the officer wasn't straight forward with you. I doubt you would gain much from hiring an attorney, as the officer's assessment does appear in line with the facts, he just should have been honest with you. As egregious as the outcome was, running a red light in the absence of other factors such as speed, etc ... which you may be able to show with an accident reconstruction, isn't typically commiserate with anything chargeable. The probable reason they aren't pressing charges is because they don't feel like they have a case. I can't imagine how difficult this is for you and your family. {{HUGS}}

[haydensmommy217]

I would do what Darcy and Amber are saying. I would be so livid.

[YepBrook]

I have to agree with Sheri, they probably know they don't have a strong case and chose to abandon ship. I don't think it's right how they've lied to you and I certainly don't think it's right for that man to walk away without any punishment!!! You are clearly a smart woman, Jessica, and I think you know that the facts aren't lining up. It seems like they purposely dropped the ball on this for some reason... perhaps they are low on resources, or the guy has connections to someone, or they know there isn't enough evidence to charge him, or they were just plain lazy. Perhaps a lawyer can help you sort out what your options are at this point and help you plan some action or help you step away knowing it's a dead end. (((HUGS)))

[jessica31876]

I really wish I had stayed more active in the beginning in asking questions and not just accepting what they said..But my husband was so sick and I was so busy just trying to keep everything from falling apart so I just trusted the investigator was doing his job and telling us the truth when I finally realized he was not though that is when I started making the phone calls. The courts are blaming FHP for the delay in court and the reason he was not given a speedy trial and FHP is saying it was the courts. And quite honestly I think the guys lawyer told him don't pay the ticket. If they do not schedule within 180 days Ill get you off on that and I am pretty sure if they had scheduled it in time there would have been some other technicality he would have used. I am going to take that advice though and check into a lawyer. You can sue the state here but they have a limit for how muchh you can sue. Im giving the Lieutenient Col. Guardo a couple more days to finish the reinvestgation he launched when I contacted the head of FHP. If he gives me the run around though I see no choice but to pursue it that way.

[AmberK]

Jessica- I posted a quick synopsis to an atty that is in my neighborhood FB group and he said that there are PLENTY of attys that would be chomping at the bit for a case like this. He said you should try and sue everybody you can- driver, insurance company, car owner, FHP, and who ever else had a hand in screwing this up. He said that you should be going with a Personal Injury attorney or sometimes they are called malpractice attorneys depending on what state you are in. Dont give up!

[LJSDesigns]

Hugs and best wishes with this Jessica. I think you should do what ever is need to get the justice you are seeking.

[SeattleSheri]

Originally Posted by AmberK

Jessica- I posted a quick synopsis to an atty that is in my neighborhood FB group and he said that there are PLENTY of attys that would be chomping at the bit for a case like this. He said you should try and sue everybody you can- driver, insurance company, car owner, FHP, and who ever else had a hand in screwing this up. He said that you should be going with a Personal Injury attorney or sometimes they are called malpractice attorneys depending on what state you are in. Dont give up!

Unfortunately, filing suit against the driver, insurance company, owner of the vehicle, etc ... will not influence charges made against the driver (which appears to be the issue). I believe Jessica indicated she's resolve the PI aspect of the case, so she would have had to pursue those avenues before making a settlement. There doesn't appear to be any negligence on the part of the insurance company and even if there was, most states don't allow for third party bad faith and it sounds like a release has already been executed. A lot of people don't realize that insurance/bodily injury claims are completely independent of how the police handle their investigation. Pursing the police/sheriff may get someone to look closer at the case, but would be costly and at little to no financial gain to the plaintiff (unlike like PI cases, they require a retainer). There would need to be conclusive proof the defendant committed a crime by running a red light (under the influence, blatant disregard for the safety of others, etc). It's difficult to prove and it still wouldn't financially benefit the plaintiff. It's a hard situation to be in as the the victim of a situation. Unfortunately, there are just some cases that there just isn't enough evidence to pursue even though your gut tells you there should be. It's too bad the officer wasn't more up front about what they could pursue. It's just an all around bad situation {{{HUGS}}}

[xNicolex]

Jessica- What a horrible situation. I'm so sorry for you & your family.

[newfiemountiewife]

Originally Posted by SeattleSheri

That is really sucky the officer wasn't straight forward with you. I doubt you would gain much from hiring an attorney, as the officer's assessment does appear in line with the facts, he just should have been honest with you. As egregious as the outcome was, running a red light in the absence of other factors such as speed, etc ... which you may be able to show with an accident reconstruction, isn't typically commiserate with anything chargeable. The probable reason they aren't pressing charges is because they don't feel like they have a case. I can't imagine how difficult this is for you and your family. {{HUGS}}

I agree with Sheri. It sucks, big time, and it would have been nice for the officer to be more forthcoming. I'm so sorry. ((hugs))

[Kara]

I don't have any advice, but I wanted to say how sorry I am that you're having to deal with all of this. It really is horrible and no one should ever have to go through something like this,

[jessica31876]

Sheri I do understand the personal injury part of cases like this. But I just have a gut feeling there was more to the lies the original derective told. The new investigator is also investigating that as well. Trying to find out why witnesses were turned away and why he lied to us throughout the investigation. He also nisrepresented how the accident occurred to make it appear that the driver who ran the light did so immediately after it turned red and i have the light filmed & timed and he had more then 30 seconds to respond. It truly makes me angry though to see his complete driving history and to now know he has been driving 10 years probably close to a dozen tickets and had his license suspemded 6 times. Yet he can keep paying the ticket and getting the license back.