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No charges to be filed in fatal Palm Valley boating crash
palm valley Driver wasn't legally drunk; not enough evidence to prosecute
By Dana Treen Story updated at 1:33 AM on Friday, Sep. 4, 2009 EMAIL PRINT BLOG THIS COMMENT Buzz up!
Because the driver of the boat in an Easter crash that killed five people in St. Johns County was not legally drunk, State Attorney R.J. Larizza said Thursday that no one will be charged in the Palm Valley accident.
In addition to the five deaths, nine people were injured when the 22-foot boat smashed into a tugboat on the Intracoastal Waterway.
Alcohol was on the boat and those on board were returning to Jacksonville from the April 12 reggae event at the Conch House Marina Resort in St. Augustine, where alcohol is also served.
"There was consumption probably on the way and back," he said.
Larizza said no criminal charges will be brought against the marina or servers there.
On Thursday afternoon, Larizza spoke for an hour to family members of those who were on the Bowrider pleasure boat and told them of the decision reached after a joint investigation with the Florida Fish and Wildlife Conservation Commission.
"Based on the law applicable in this case and the facts and circumstances in this tragedy, we concluded there was insufficient evidence to establish a legal basis for prosecution," he said after the hour-long meeting with victims and families.
Larizza said the game commission asked that prosecutors take a close look at drunken boating rules in making the decision. He said the investigation focused on the boat owners and the driver, 44-year-old Jacqueline Allen, one of those who died.
After the accident, the Medical Examiner's Office in St. Johns County determined Allen had a blood-alcohol level of 0.035 percent, which is below the legal limit of 0.08.
"It's the end for us in terms of a criminal prosecution," Larizza said.
Jacksonville attorney Rod Sullivan, who represents relatives of several of those who lost family members or were injured, said the decision was correct.
"I never thought there was a crime here," he said. "We had a sober driver driving the boat."
Larizza said there was alcohol on the boat, including liquor bottles and beer cans, and some of the passengers were under the legal drinking age.
It would be difficult to prove who was serving alcohol to those on the boat, which was seen pulled up to a barge at the marina where the music was being performed.
"We just don't have enough evidence to prove up criminal charges against the Conch House," he said.
Larizza said the meeting with family members, which included a face-to-face session and conference call with others in California, was somber.
"They are wonderful folks," he said. "It was a somber and sad meeting."
One survivor of the accident who initially agreed to talk to The Times-Union later declined.
Larizza said he did not want to release the decision in the case until speaking with victims and their families.
The boat crashed into the tugboat about a mile north of the Palm Valley Bridge. The Crownline boat was traveling at an estimated 30 to 35 mph when the accident occurred, according to information provided after the accident.
In addition to Allen, of Jacksonville, those who died were Olivia R. Carretero, 23, Santa Rosa, Calif.; Robert Trenton Craig, 23, Jacksonville Beach; Inmaculada Pierce, 42, Orange Park; and Elisabeth L. Rosenfeld, 20, Ponte Vedra Beach.
palm valley Driver wasn't legally drunk; not enough evidence to prosecute
By Dana Treen Story updated at 1:33 AM on Friday, Sep. 4, 2009 EMAIL PRINT BLOG THIS COMMENT Buzz up!
Because the driver of the boat in an Easter crash that killed five people in St. Johns County was not legally drunk, State Attorney R.J. Larizza said Thursday that no one will be charged in the Palm Valley accident.
In addition to the five deaths, nine people were injured when the 22-foot boat smashed into a tugboat on the Intracoastal Waterway.
Alcohol was on the boat and those on board were returning to Jacksonville from the April 12 reggae event at the Conch House Marina Resort in St. Augustine, where alcohol is also served.
"There was consumption probably on the way and back," he said.
Larizza said no criminal charges will be brought against the marina or servers there.
On Thursday afternoon, Larizza spoke for an hour to family members of those who were on the Bowrider pleasure boat and told them of the decision reached after a joint investigation with the Florida Fish and Wildlife Conservation Commission.
"Based on the law applicable in this case and the facts and circumstances in this tragedy, we concluded there was insufficient evidence to establish a legal basis for prosecution," he said after the hour-long meeting with victims and families.
Larizza said the game commission asked that prosecutors take a close look at drunken boating rules in making the decision. He said the investigation focused on the boat owners and the driver, 44-year-old Jacqueline Allen, one of those who died.
After the accident, the Medical Examiner's Office in St. Johns County determined Allen had a blood-alcohol level of 0.035 percent, which is below the legal limit of 0.08.
"It's the end for us in terms of a criminal prosecution," Larizza said.
Jacksonville attorney Rod Sullivan, who represents relatives of several of those who lost family members or were injured, said the decision was correct.
"I never thought there was a crime here," he said. "We had a sober driver driving the boat."
Larizza said there was alcohol on the boat, including liquor bottles and beer cans, and some of the passengers were under the legal drinking age.
It would be difficult to prove who was serving alcohol to those on the boat, which was seen pulled up to a barge at the marina where the music was being performed.
"We just don't have enough evidence to prove up criminal charges against the Conch House," he said.
Larizza said the meeting with family members, which included a face-to-face session and conference call with others in California, was somber.
"They are wonderful folks," he said. "It was a somber and sad meeting."
One survivor of the accident who initially agreed to talk to The Times-Union later declined.
Larizza said he did not want to release the decision in the case until speaking with victims and their families.
The boat crashed into the tugboat about a mile north of the Palm Valley Bridge. The Crownline boat was traveling at an estimated 30 to 35 mph when the accident occurred, according to information provided after the accident.
In addition to Allen, of Jacksonville, those who died were Olivia R. Carretero, 23, Santa Rosa, Calif.; Robert Trenton Craig, 23, Jacksonville Beach; Inmaculada Pierce, 42, Orange Park; and Elisabeth L. Rosenfeld, 20, Ponte Vedra Beach.
