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Driver won't be charged in crash
By DAVID KARP
© St. Petersburg Times, TAMPA -- Heading to Tampa late at night, Paul Martin reached for his cell phone on the floorboard of his Ford Explorer and swerved into an emergency lane on the Howard Frankland Bridge, killing a 23-year-old student changing a tire. Martin described the crash as a terrible accident. On Thursday, State Attorney Mark Ober agreed that Martin did not act criminally when he struck and killed Richard McKeefery in the eastbound lane of the bridge in April. Ober announced that his office won't file criminal charges. "Our heart goes out to the victim's family," Ober said. "It's a tragic accident, but it doesn't reach the level of criminal conduct." McKeefery's family doesn't agree with the decision or with the way prosecutors, investigators and the St. Petersburg Times have described the accident as a fatal consequence of using a cell phone while driving. "It was portrayed as something that can happen to any of us, and that is not the case," said McKeefery's older brother, Ron, 25, a coach at the University of South Florida. "That was very, very careless, very, very reckless driving," he said. "To reach for your cell phone on a Ford Explorer was ridiculous." Martin wrote the family a letter describing the April 24 wreck as a tragedy, McKeefery said, but family members don't accept that explanation. "It's an unfortunate tragedy because he was careless," McKeefery said. "We are not vengeful people, but we want Paul Martin to know that he has done something wrong here." The family also faults the Florida Highway Patrol for not requiring Martin to take a blood test to gauge his blood-alcohol level. They also point to Martin's driving record, which includes a conviction for reckless driving in a crash on the Courtney Campbell Parkway two months before McKeefery's death. Since 1995, Martin has been cited numerous times for traffic violations, including reckless driving in Pinellas County in 1995 and careless or improper driving in Pinellas in 1996. This time, the FHP cited Martin for careless driving, but the citation is considered a traffic infraction, not a criminal charge. "We are giving him a slap on the wrist," McKeefery said. "That is unacceptable." Ober, who reviewed the case with other prosecutors and traffic investigators, said the law does not allow him to prosecute Martin in this case. Troopers estimated that Martin was driving between 51 mph and 54 mph when the crash occurred about 10:30 p.m. They didn't test his blood-alcohol level because he didn't appear impaired. The trooper who made that decision has been evaluating cases for 16 years, Ober said. In Florida, officers can't require a blood test unless they think the driver is impaired. To bring a criminal charge, prosecutors must not simply prove that Martin drove carelessly; they must establish that he showed a willful and wanton disregard for human life, Ober said. "It is a terrible tragedy, but our decision cannot be based on the emotions of the situation," Ober said. "We have to base our decision on the facts and the law." McKeefery's family members plan to work to change the law. They want the Legislature to require troopers to test a driver's blood-alcohol level in fatal crashes. They also think legislators should forbid cell phone use in cars, as New York state lawmakers did this year. "We want some positive things to come out of this," McKeefery said. "This could be your son or your daughter or anyone in Tampa." - Times staff writer Monique Fields contributed to this report.
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