Driver's sentence irks crash victim
The victim must use a wheelchair, but the driver still has his license and is given probation.
By NICK COLLINS
Published November 11, 2004
PALM HARBOR - Vladislav Sutka is still in a wheelchair, five months after a car wreck on U.S. 19 crushed both his feet and broke his femur in five places.
The driver who caused the multicar accident north of Nebraska Avenue that injured Sutka won't serve jail time, even with 14 previous traffic offenses.
But what bothers Sutka the most is the fact that the man still has his license after pleading guilty to reckless driving Wednesday in Pinellas County court.
Sutka, who has a 30-inch plate in his left leg, called Michael A. Phillips' sentence a "slap on the wrist."
"I'm worried that he didn't have his license taken away; it's scary," said Sutka, a 28-year-old sales manager. "I'm afraid he'll do this again to someone else."
Phillips, 22, had 14 separate traffic offenses on his driving record, including citations for racing on a highway, speeding and careless driving, before the accident June 8 that injured Sutka and a woman. A Pinellas County judge sentenced Phillips to five years' probation and ordered him to pay restitution to the victims, while withholding adjudication, said Phillips' attorney, Elizabeth Hittos of Holiday.
Phillips' license is currently suspended for failing to hold insurance, said Mike McCaskill, chief of driver's license records at the state Department of Highway Safety and Motor Vehicles. But as soon as he presents proof of a new policy his license will be restored. The department could give Phillips points on his license based on the judge's sentence, but it is too early to tell how many he will receive, if any.
Phillips has received 10 points in the last year, including points for failure to observe a stop sign and driving with an open container while going 75 mph on a road with a 40 mph speed limit.
If he receives two or more points for the June accident, he could lose his license for 30 days.
Phillips, who could not be reached for comment Wednesday, entered a plea of not guilty in August, but after numerous witnesses provided depositions, he decided going to trial was too great a risk, Hittos said.
"There was a likelihood of prison time had we gone to trial and lost," Hittos said.
At his pretrial hearing Wednesday, Phillips pleaded guilty to reckless driving with serious bodily injury, a third-degree felony punishable by up to five years in prison. The statute concerning reckless driving does not require a license be revoked; rather it is up to the discretion of the judge, Assistant State Attorney Jeff Pegler said.
"We argued for a formal finding of guilt on his regard," Pegler said of the judge's decision to withhold adjudication. "But the judge had every right to do what they did."
Pegler added that the decision was "normal" and that the judge "was very fair and listened to our argument."
Prosecutors told the Sutkas they would seek to have Phillips' license revoked for at least a year, Sutka said.
The thought of Phillips still on the road makes Sutka's wife, Pepita, visibly upset.
"I guess there's no justice in the world," said Mrs. Sutka, a 25-year-old medical assistant. "We're just too naive and think there is."
Sutka underwent two surgeries and was in the hospital for 21 days after the accident. He goes to rehab three times a week and said doctors told him he may be able to walk without support by early next year. Mrs. Sutka took off work for three months to care for her husband.
"It's not only the pain but the indignity of it," Mrs. Sutka said. "He can't do anything by himself. For a long time I had to help him with everything. I had to help him go to the bathroom."
Sutka has been unable to work at his job at Ever-Wear Inc., a New Port Richey automotive fluids supplier, since the accident. The job involves carrying heavy boxes, sometimes up stairs, to show products to clients, Sutka said.
Sutka is making 60 percent of his base salary through workers' compensation. But a large portion of his take-home pay was based on commission, which is not included under the plan. To date, his medical expenses have totaled more than $110,000, he said.
Sutka has hired an attorney to pursue civil charges, he said.
As a naturally active person, Sutka said the worst part about his injuries is being confined to his couch. Sutka said he misses going to the gym and riding his bike with his wife.
"I always have to be moving around, moving around," Sutka said. "I can't stay sitting down."
Times researcher Kitty Bennett contributed to this report. Nick Collins can be reached at ncollins@sptimes.com or 727 771-4307.