St. Petersburg Man Charged with DUI Manslaughter in Fiancee’s Death

A St. Petersburg man now faces up to 15 years in prison for the death of his fiancee in a car accident. Back on April 30, 2010 at 4:15pm, Edward Kirby accidentally struck his fiancee, Lillian Benson, with his van.

Kirby was arrested last week, now charged with driving under the influence manslaughter by prosecutors in Pinellas County. Law enforcement officials say that Kirby was intoxicated when he drove into a St. Petersburg parking lot at 3491 Gandy to pick up Benson, who had been in the building applying to attend ITT Technical Institute.

As Kirby approached Benson, though, he did not brake but may have actually accelerated instead. His Plymouth Voyager minivan hit Benson on the sidewalk. She was taken to a hospital, where she passed away shortly thereafter.

Tests reportedly indicated that Kirby had blood-alcohol levels of about 0.132 and 0.162, one-and-a-half to two times the legal limit. Under Florida DUI law, impairment is presumed with blood alcohol levels of 0.08% or higher. The news reports do not say whether Kirby gave a breath sample for analysis or a blood sample at the hospital. Either method, if proper procedures are followed in the collection, storage and testing, is equally admissible in court.

A review of driving and court records suggest that Kirby last had a driving offense over 35 years ago. He was apparently found guilty of careless driving in 1974. He was held this weekend in the Pinellas County Jail on Saturday in lieu of $20,000 bail.

Conviction of DUI manslaughter in Florida carries a mandatory minimum sentence of four years imprisonment. The maximum sentence is 15 years in prison.