It was inevitable that any charge against Jennifer Porter for her involvement in a fatal hit-and-run would anguish many people for reasons that go well beyond the question of legal culpability. Some wanted Porter held directly responsible for the March 31 crash that killed two Tampa brothers. They worried she would get off easy because Porter had a high-powered attorney and because she was white and the victims were black. Others thought the 28-year-old showed terrible judgment for leaving the scene of the accident but shouldn't face a prison term. Others sympathized with Porter's parents, who were ordered by the state to answer questions that could have worked against their own daughter.
Prosecutors charged Porter Wednesday with a single count of leaving the scene of a deadly accident, an appropriate charge given the evidence and the burden of meeting the tougher homicide statute. To charge Porter with vehicular homicide, authorities would have to have evidence of aggravating factors such as reckless driving or driving under the influence. Investigators opened the door to reasonable doubt when they first suggested that at least one other car may have been involved in the accident. As to speed, Porter was driving six to 10 miles per hour over the 30 mph limit, far below the standard for "excessive" that likely would be upheld on appeal. Other factors, too, work in her defense - the crash occurred after dark, some streetlights were out and the children did not cross at the crosswalk.
State Attorney Mark Ober deserves credit for making a tough decision based on legal - not political - reasoning. It would have been easy for a prosecutor in an election year to hand this case to a jury and a judge and allow the system to sort it out.
Critics, notably the few but noisy Uhurus, have tried to frame this case from the start as a contrast between the unequal treatment blacks receive from a white-dominated judicial process. The Uhurus criticized authorities for not arresting Porter immediately after she came forward, claiming the same would not happen to blacks. The group is good at inflaming racial division but needs to get its facts straight. Earlier this year, when a white jogger died after being struck by a white motorcyclist, Ober took longer to file charges (five weeks) than in the Porter case. He also charged the defendant with vehicular homicide.
It is terrible no one will answer for killing Bryant Wilkins, 13, and his three-year old brother, Durontae Caldwell, as they crossed N 22nd Street, and for injuring their two other siblings also hit that night. Aside from the apology her lawyer staged to improve her public image, we have not heard much from Porter about what she actually did. That is the nagging part about this case the law cannot address.
