80-mph race the cause of teen's coma?
Authorities base that speed estimate on the fact that the victim's car ended up 101 feet from the collision, while the other driver's continued for 181 feet.
By NICK COLLINS
Published November 19, 2004
PALM HARBOR - The driver of a Pontiac Trans Am was going at least 80 mph when he crashed into a car turning onto Belcher Road last month, seriously injuring a Palm Harbor teenager, according to an investigator's sworn statement.
Tommy Rodriguez, 18, has remained in a coma and on life support since the accident at Beacon Point Road and Belcher, where the posted speed limit is 45 mph.
Florida Highway Patrol officials have said they believe Thomas W. Straub, 17, was racing an unidentified third car when the Trans Am he was driving hit Rodriguez's Toyota Camry.
Investigators are treating the Oct. 18 crash as a potential incident of reckless driving with serious bodily injuries or possibly attempted vehicular homicide, according to the statement, which was written in support of a search warrant for the tow yard where both vehicles were taken.
Both charges are third-degree felonies punishable by up to five years in prison, said Trooper Larry Coggins, a spokesman for the Florida Highway Patrol. No charges had been filed as of Thursday.
Charges of vehicular homicide are considered in cases where driver's actions are "truly excessive and done without regard for safety or human life," Coggins said.
Investigators removed a crash data recorder, or CDR, from the Trans Am, according to the statement, which was recently filed in court. A CDR electronically records data on vehicle and engine speed, braking, throttle position and other conditions at the time of an accident.
Traffic homicide investigator Frank O. Burke said in the sworn statement that the CDR should tell investigators exactly how fast the Trans Am was going. Coggins said the Highway Patrol has a homicide investigator working the case because Rodriguez's injuries, which include severe brain damage, are so serious.
"Any time we have injuries that are potentially life-threatening, we will ask a homicide investigator to do what they do," Coggins said.
Calls to Straub's home Wednesday and Thursday were not returned.
Straub was driving the Trans Am northbound in Belcher's right lane when Rodriguez pulled out of a stop sign on Beacon Point to turn south onto Belcher, according to the highway patrol. The Camry ended up 101 feet north of the collision area; the Trans Am came to rest 181 feet north of the impact site.
Coggins said the 80 mph figure was based in part on those measurements.
"That's the low-end (speed) based on physical evidence," he said.
The front end of the Trans Am was crumpled in about 11/2 feet, while the driver's side of the Camry was pushed in about 21/2 feet.
Investigators found tire marks of a third car at the scene, leading them to believe racing was involved. A skid mark started in Belcher's left northbound lane, next to where the Trans Am was driving, and entered the right lane traveling past the collision area. The skid mark stretches 2241/2 feet, the statement read.
The mark indicates the third car left the scene "very abruptly," Coggins said Oct. 22.
The Highway Patrol is continuing to look into leads it has received through Crime Stoppers, Coggins said. Investigators have identified at least one suspect as a possible third driver. Coggins would not say how many individuals the Highway Patrol considers suspects nor would he identify them.
If a third driver is identified, the Highway Patrol could pursue charges of racing on a highway with serious bodily injury, a third-degree felony. The decision to bring any possible charges will be up to the Pinellas-Pasco State Attorney's office, though the Highway Patrol will make recommendations, Coggins said.
Both Straub and Rodriguez were flown to Bayfront Medical Center in St. Petersburg after the accident.
Straub suffered a leg injury that required surgery, according to a recorded message on the Straub family's answering machine Oct. 22. He was discharged from Bayfront on Oct. 30.
Rodriguez has not regained consciousness since the accident, his father Ron Berman said Wednesday. He suffered a broken right wrist and broken femur in addition to his head injuries.
Rodriguez underwent a successful surgery to repair his femur at the beginning of the month. This week he had fluid drained from his head to reduce swelling. He was in serious condition Thursday at Bayfront.
Berman said it would sicken people to see the type of head trauma his son has.
Doctors have discussed stopping the use of life-sustaining care, but Rodriguez's family does not see that as an option, Berman said. One doctor has told the family they should wait, and let Rodriguez's young and previously healthy body fight it out.
Nick Collins can be reached at ncollins@sptimes.com or 727 771-4307. Crime stoppersAnyone with information about this accident is encouraged to call Crime Stoppers at 800-873-8477. Callers can remain anonymous, and information leading to an arrest will be rewarded with up to $1,000.