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Ruling sets new law in fatality

Early edition: A woman faces trial for leaving the crash even though her car didn’t hit the victim.

By COLLEEN JENKINS
Published December 20, 2006

TAMPA — An appellate court created new Florida law Wednesday by ruling that a woman accused of causing and fleeing a deadly crash should be prosecuted even though she didn’t hit the victim’s vehicle.

Tampa police arrested Tracie Ann Elder, a 34-year-old Land O’Lakes housekeeper, on a charge of leaving the scene of a fatal crash in January 2005.

Witnesses saw Elder turn into the path of Rikki Leigh Lewis’ 2000 GMC SUV on Fowler Avenue about 5:35 p.m. Lewis, a 21-year-old University of South Florida senior, swerved to avoid hitting Elder’s vehicle but lost control of her own.

Lewis was thrown from the GMC as it rolled over.

Witnesses saw Elder, driving a 2001 Honda SUV, slow down then speed off after seeing the GMC roll, police said.

They followed to get her tag number, then returned to the scene to give it to authorities.

Florida law states that drivers of any vehicles involved in a crash resulting in death must stop immediately and remain at the scene.

But in February, defense attorney Arnold Levine successfully argued that his client should not be charged with leaving the crash scene because there was no contact between the two vehicles.

Circuit Judge Debra Behnke dismissed the charge against Elder. The judge relied on a 1996 case where an appellate court threw out a man’s conviction for leaving a scene with injuries because the man had been on foot and was not driving a vehicle involved in the accident.

But Wednesday, three 2nd District Court of Appeal judges agreed with prosecutors that Elder’s case was different on the basis that Elder was driving.

Because no Florida appellate court had previously considered such a situation, the 2nd DCA judges cited cases from Arizona, Indiana, Texas and Washington where defendants were considered to be “involved in an accident” if their driving caused the events leading up to it.

Prosecutors would not comment on the pending case. Levine did not return a phone call.

Elder was out of jail on bail when the charges were dropped. She faces up to 15 years in prison if convicted of the second-degree felony. She could not be reached Wednesday evening.

Colleen Jenkins can be reached at (813) 226-3337 or cjenkins@sptimes.com.

[Last modified December 20, 2006, 21:10:48]