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Prosecutors upgrade DUI charges to felony

By JAMAL THALJI
Published June 9, 2007

NEW PORT RICHEY - The van Eduardo Alequin turned into an ice cream truck was totaled. So was his side business.

Four of his customers - girls ages 7 to 11 - were injured. One child was knocked unconscious.

All because an impaired driver with cocaine, morphine and other drugs in his system plowed into the back of the ice cream truck, as the girls paid for their cool treats on that hot January day, authorities say.

Four months later, the driver, Donald Kenneth Tappin, was arrested May 29 on a misdemeanor DUI charge.

But prosecutors said Thursday that Tappin will face far more serious felony charges: two counts of DUI with serious bodily injury. That could mean up to 11 years behind bars for the 46-year-old Port Richey man.

"Finally somebody is doing something, " Alequin said Thursday by phone while on the road working in Texas.

The more serious charges are the result of injuries suffered by two of the girls: one needed staples in her head and another has disfiguring leg and facial injuries.

Tappin, of 7811 Treasure Pointe Drive, could not be reached for comment.

He posted $1, 000 bail to get out of jail May 30. No arrest warrant will be issued for the new charges. He'll just be given a court date for his arraignment on the felony charges. But this time, Pinellas-Pasco Assistant State Attorney Mary Handsel said, the state will ask for a much higher bail.

"It's pretty egregious when you can't see a bunch of kids around an ice cream truck, " Handsel said.

Alequin wondered why it took so long for Tappin to be arrested for the Jan. 20 accident in Regency Park, and why it took longer still for the more serious charges to be filed.

Authorities can't answer that question. But typically in these cases the Florida Highway Patrol continues to investigate after the crash and brings its findings to prosecutors, who have the final say.

The felony charges could be just the start of Tappin's legal woes. Alequin estimates his losses at five figures with lost wages, damaged equipment and medical bills for his numb legs. And he said Tappin wouldn't even help him out by calling the insurance company.

"Now that they have charged him, " Alequin said, "I'm going to sue."

Jamal Thalji can be reached at thalji@sptimes.com or 727 869-6236.

[Last modified June 8, 2007, 20:47:11]