Sentencing in Hillsborough DUI Manslaughter

A Hillsborough Circuit judge sentenced Eric Dwayne Wilkerson of Brandon to four years in prison last week for hitting and killing a pedestrian while driving while intoxicated in January 2009. Wilkerson pleaded guilty last November to driving under the influence – manslaughter, part of a negotiated plea agreement with the prosecution.

Frank Stanberry was reportedly crossing the street near North 15th Street and 15th Avenue East on January 26, 2009, when he was struck by Wilkerson’s vehicle. Stanberry, who was apparently homeless, was thrown 200 feet and died at the scene.

Wilkerson told authorities shortly thereafter, “I just killed a man. I was driving north, and he got in front of me.” Wilkerson’s blood-alcohol level was 0.10 percent; Florida law presumes impairment for drivers at 0.08 percent.

The judge also placed Wilkerson on eight years of probation upon his release from prison. Barber imposed a permanent driving ban, ordering Wilkerson to surrender his driver’s license, and ordered Wilkerson to complete substantial community service upon his release.

Wilkerson had been free on $25,000 bail pending sentencing because he was taking care of his ailing father and needed time to make alternative arrangements for the man’s care. The judge advised him in November that the recommended sentence would not be imposed if he got into any trouble between the plea and the sentencing.

If he had taken his chance with a jury, gone to trial and been convicted of DUI manslaughter, Wilkerson could have faced up to 15 years in a Florida State correctional institution, in addition to a fine of up to $10,000.