jessica31876
New member
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.
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.
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i wish there was something i could do (((hugs))) ...
