Tampa resident spared prison

Doyle R. Derbes gets four years' probation for the hit-and-run of Judith Gray because her family intervenes.

By WILLIAM R. LEVESQUE

© St. Petersburg Times, published July 18, 2000

LARGO -- Most people in Doyle R. Derbes' shoes would be headed to a state prison cell. But somebody didn't have it in their heart to send him there:

The family of the woman he accidentally hit and killed with his Ford pickup.

A Pinellas-Pasco circuit judge on Monday sentenced the 38-year-old Tampa resident to four years' probation after he pleaded no contest to a charge of leaving the scene of an accident involving death.

The judge, who withheld a formal finding of guilt, also ordered Derbes to pay $12,995 restitution to the victim's family.

Though Derbes faced up to 15 years in prison, the family of Judith Gray, 61, who was struck and killed as she crossed Gulf Boulevard in Treasure Island on Feb. 15, didn't want to see him sent behind bars.

"I want you to understand," Judge Douglas Baird told him, "this disposition is not one the court would have provided, not one the state would have provided, it's one the family of the victim provided."

"It's quite unusual for the grieving family to have this kind of compassion ... It's a courageous choice."

Members of Mrs. Gray's family, who live in Michigan, did not attend the hearing, though prosecutors read letters they wrote to the court and Derbes.

"It's my wish that for the rest of your life you think of Judith Gray and my family," wrote Mrs. Gray's husband, William Gray, who is a retired fire chief in Rochester, Mich.

The Grays were enjoying their fourth vacation in Treasure Island with other members of their family when Mrs. Gray, a retired teacher's aide, decided to leave the beach and walk back to a condo where they were staying to check on dinner about 6:30 p.m.

Defense lawyer Dwight Dudley said the accident wasn't Derbes' fault, though he said his client's decision to leave the scene was wrong.

Witnesses did not agree as to whether Mrs. Gray was walking in a crosswalk. And Dudley said she crossed the street against a green light when Derbes hit her.

Prosecutor Scott Rossenwasser said Derbes had been drinking in the hours before the accident. Derbes said he had drinks at least five hours beforehand.

"Alcohol played no part in the accident," Derbes said in an interview.

Whether Derbes was speeding is also in dispute. Prosecutors say he was driving 42 mph in a 35 mph zone. Derbes' lawyer said he was actually driving 35 mph.

Derbes, a licensed practical nurse, stopped after the impact, which killed Mrs. Gray immediately, looked back and then drove home to Tampa, where police traced him about five hours later.

Mrs. Gray's family said in their letters they were especially bothered that a trained nurse didn't stop to render aid.

Derbes, who has no prior criminal history and just a minor traffic infraction on his driving record, said after the judge sentenced him that he will live with the grief of the accident for the rest of his life.

Asked by a reporter why he didn't stop after hitting Mrs. Gray, a tearful Derbes said, "I can't answer that. I just don't know why. I reacted in critical situations for 10 years (as a nurse). It was just the wrong decision."

Whether Derbes' nursing license is in jeopardy remains to be seen. Dudley said, "I believe this could have an effect."

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