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Concluding a troubling case

Three years in prison, if that, to resolve a hit-and-run case that left two Tampa children dead may seem like a slap on the wrist. Last week's plea deal between Hillsborough prosecutors and Jennifer Porter at least allows this troubled case to end on a responsible note. By pleading guilty to leaving the scene, Porter took some responsibility and the state has reserved the opportunity to push for prison time without the risk of going to trial.

This was not a slam-dunk case. Many who complain that State Attorney Mark Ober went slack are really upset that he charged Porter not with vehicular homicide but the lesser crime of leaving the scene. The charge was appropriate; Porter was not driving recklessly. There is no evidence she was impaired by alcohol or drugs. The crash occurred just after dark. Witnesses said some streetlights were out, the children were not crossing at the crosswalk, and early on investigators believed a second car might have been involved.

Those who wanted Porter punished for a crime she wasn't charged with will find little satisfaction in a deal that calls for a maximum of three years in prison. While the charge is punishable by up to 15 years, prosecutors believed three years was the most they could hope for. Indeed, they offered three years earlier. The case calls for prison time, and with any sentence likely toward the lower end, the state was right not to quibble on the numbers.

Some critics also have played the race card, claiming Porter got a break because she is white, middle-class and represented by good attorneys. The two children killed, 13-year-old Bryant Wilkins, and his 3-year-old brother, Durontae Caldwell, were black. But we have seen no favoritism. What has been difficult to grasp is why the then-school teacher fled, why it took her days to step forward and why she now feels deserving of mercy. She should answer these questions at her sentencing in October.

[Last modified September 7, 2005, 01:01:15]