Tampa, Florida. Five people traveling in a Mercedes Benz were in route home after participating in wedding preparation and a rehearsal dinner. All five individuals were in a bride-to-be's wedding party and the wedding celebration was set to kick off the following day. In the early morning hours of April 21, 2006, a driver, Kenneth Delmar Stewart, allegedly ran a red light and struck the Mercedes Benz killing all five people inside.
Police smelled alcohol on the suspect and felt that he may have been under the influence. The driver submitted to a blood alcohol test and his level registered at .12. The Florida legal limit for a blood alcohol level is .08. Police arrested Stewart and charged him with five counts of DUI Manslaughter.
Tampa Assistant State Attorney, Felix Vaga, stated the incident was one of the "most extreme" cases of DUI Manslaughter in Tampa's history. The Defendant faced a maximum sentence of 85 years in prison if convicted.
Stewart cut a deal with the Prosecution and entered a plea of guilty to the five counts of DUI Manslaughter. He has been serving time in jail since that early April morning in 2006. Stewart will serve 25 years in prison, followed by an additional 10 years of probation. A special condition of his probation is also that he is not permitted to drink alcohol. Stewart received a credit for the 3 years time already served and has lost his driver's license for the rest of his life.
A plea bargain can be a useful, symbiotic approach to dealing with cases. When a defendant enters into a plea bargain with the prosecution, he enters a plea of guilty to a charge in exchange for a lighter sentence. The Prosecution will normally have special conditions in which they recommend that the convicted abides. In addition, a defendant waives his Constitutional right to a trial and has no chance of an acquittal. However, the charges are generally modified downward or the sentence is reduced. The State benefits from plea negotiations because the Prosecution avoids costly trials and saves the time spent preparing for Court. In some cases it is beneficial to all parties involved to enter into a plea agreement versus moving forward with a trial.
It is unfortunate that accidents, poor choices and lapses of judgment happen. Sometimes the results of those events can be heartbreaking. If you or someone you know has been charged with a crime involving DUI, or any other criminal offense, contact an experienced attorney to advise you of your rights. A knowledgeable attorney will assist you in making the right decision for you, your well-being and your future.
