Bradenton Coach Found Guilty of DUI Manslaughter

After an unusual trial, a former Bradenton high school football coach was found guilty yesterday of DUI manslaughter, after a weeklong trial. We reported here last month about the Manatee County case against Josh Hunter, whose blood-alcohol content was nearly three times the level at which Florida law presumes impairment (.08%) after the car accident in March 2009 which killed his passenger Doug Garrity.

The jury deliberated for two hours before returning their guilty verdict. Hunter faces up to 15 years in prison.

Prosecutors argued that Hunter partied with his friends for more than eight hours and had over a dozen alcoholic drinks before climbing behind the wheel of his truck. After the party, Hunter’s truck veered off the road, crossed two lanes of traffic and overturned.

One key element of the state’s case was problematic. They had to prove beyond a reasonable doubt that Josh Hunter was operating the truck at the time of the accident. A witness from the party testified that Hunter “got into the driver’s side of his Ford F-150, turned the key in the ignition, and proceeded to I-75.” However, none of the passengers would testify that it was Josh Hunter driving.

Prosecutors had expected to call James Hunter, older brother of Josh, to testify that Josh was driving at the time of the accident. Recently, James Hunter was jailed for contempt of court for three months, refusing to testify against his brother. Without James’ testimony, prosecutors had to direct witness to Josh’s operation of the truck at the time of the wreck.

The other passenger in the truck at the time of the crash, Matt Braselton, testified that he was too drunk to remember who was driving. Braselton made oral and written statements the night of the accident identifying Josh Hunter as the driver. Josh was the registered owner of the truck.

“An identification made at this traffic scene is inherently more reliable than a later failure to recall,” the prosecutor said during closing arguments. “The fact that he now doesn’t recall, doesn’t matter.”

The defense attorney argued that Braselton’s statements made the night of the wreck were the statements of a drunk person. And a drunk person in inherently unreliable.

James Hunter also told authorities twice that his brother Josh was driving the Ford pickup at the time of the crash. Generally, though, out-of-court statements cannot be used at trial if the maker of those statements is not available to be cross-examined.

Defense attorneys expect to file an appeal based upon several evidentiary matters (including the admission of Braselton’s prior statements) and matters of proof (including failure to prove Josh operated the motor vehicle beyond a reasonable doubt).