782.03 Excusable homicide.–Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.

782.071 Vehicular homicide.–”Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

By accident — or through reckless operation of the police car — it is still a form of homicide.

The Deputy knows if he was distracted or not. Dash cam video (if there is one) would either support or hurt the “couldn’t see him in time” defense. Has it been preserved?

If a plantiff attorney files a lawsuit, and I expect that one will in this case (Counties and Sheriffs are viewed as having deep pockets) it will be interesting what the discovery process turns up. Either way, the family is going to get a check.

I DID indicate that the pedestrian wasn’t using appropriate safety practices. But pedrestrians ARE entitled to use the road and shoulder when no sidewalk is present.

The LEO that hit the man doesn’t get a blanket pass. Contributory negligence could be involved here. Yes, the pedestrian has a portion (possibly even the majority) of the negligence in his death. However, IF the LEO was “multi-tasking” by texting, typing on a computer terminal in the car — or exceeding the posted speed limit — he shares in the negligence. Inattentive driving due to multi-tasking equates to reckless driving. Exceeding the posted speed limit at night — or even driving beyond the ability of your headlights to adequately illuminate your path also is reckless and results in negligence.

The same would be so if the average Joe was driving his personal vehicle and also stuck the man.

As for the definition of homicide — Merriam – Webster defines it as:

1: a person who kills another
2: a killing of one human being by another

Through the operation of a Santa Rosa County Sheriff vehicle — one human was killed by another… satisfied? The FHP considers any auto related collision resulting in death as a HOMICIDE investigation. Geesh!

Rest assured — the Sheriff’s insurance carrier WILL pay out a settlement and never allow a wrongful death case to go to trial. How do I know? I do this for a living — from the insurance carrier side!

i love you granny and RIP BRUSE you were always so funny and kind hearted we all love you and granny i hope you feel better soon and we can slowly put this impact from this terrable trajedy behide us all soon!

I started to do this last November when I nearly clobbered a guy making a legal crossing at a light, but I didn’t see him until he was 10 feet away. My wife said that she saw him.
And, yes, he was wearing dark clothing, and yes, I was looking for pedestrians crossing. I was making a legal left turn.

http://www.meldonlaw.com/library/pedestrian-rules-of-the-road-for-safety-in-florida.cfm

Per Florida Statute §316.130, pedestrians surely CAN use the roadway when no sidewalk is provided.

Granted, the victim was not using the best or even proper safety practices as a pedestrian — but I still want to know more about the actions of the Deputy while he was operating a police vehicle when a homicide occurred. Don’t be so quick to think he has no contributory negligence in the matter — just because a good ol’ boy in tan cleared a good ol’ boy in green in the INITIAL investigation…