Account of crash debated in vehicular homicide case

An Estero boy was fleeing a gang fight outside a movie theater in 2004 and wasn’t the cause of an SUV flipping over, killing two teens, his defense attorney said during opening arguments Tuesday in the boy’s trial.

But some witnesses testified to a different account of how the two Lee County teens died along U.S. 41 in Bonita Springs after the white Ford Explorer they were riding in rolled three times, ejecting them from the SUV.

Benito Garcia Gonzalez Jr., 18, of 8133 Egret Road, San Carlos Park, is charged with two counts of vehicular homicide and one count of leaving the scene of an accident involving death. The crash occurred on Feb. 20 after a 13-year-old boy was stabbed during a gang-related scuffle outside of the Regal Cinemas in Bonita Springs.

“The stabber is one of the victims” of the crash, defense attorney Lee Hollander said during opening arguments to the six-member jury. “But then this gang attacks my client’s SUV. You’re going to see from the evidence they were chasing him.”

Carol and Gerald Conner, who were on vacation from Michigan and were leaving the theater as the fight and car chase broke out, said a maroon Suburban followed a white SUV quickly out of the lot. Once on U.S. 41, Gerald Conner testified, “it became obvious” the maroon SUV was chasing the white one, cutting in and out of traffic.

Gonzalez was driving the maroon Suburban, which Lee County sheriff’s deputies found under a tarp in an Estero parking lot after a tip came in to Southwest Florida Crime Stoppers days later.

Estero resident Patricia Holcomb testified Tuesday that she and a friend were returning from a Christian women’s seminar at their church when she saw a white SUV run a stoplight, followed by a burgundy or maroon vehicle. When she looked over again, the white SUV was rolling over. She went over to help a teen thrown from the car, who she said was lying on the dirt shoulder moaning.

I said, ‘Son, hang in there. Help’s on the way,’¤” Holcomb testified through tears. “Then it was like the Holy Spirit asked me to witness to this man. I said ‘Son, are you saved? Do you know Jesus Christ as your personal savior?’¤”

She cradled his head, bleeding in her arms, Holcomb said, until a paramedic arrived. The boy later was pronounced dead at the scene.

Samuel Mendoza Tafoya, 23, of Fort Myers, who was driving the white Explorer, was sentenced in March to two years of community control, followed by three years probation after pleading no contest to one count of leaving the scene of an accident involving death.

Tafoya’s friends — Jose Carmen Alcozar Mendoza, 17, and Sergio Vargas Rocha, 19 — died in the wreck.

“This kid (Tafoya) was driving too fast, lost control of the vehicle and killed those two kids,” Hollander said.

Gonzalez could be sentenced to life in prison if convicted. The trial resumes at 8:30 a.m. today.

The trial momentarily was sidetracked Tuesday even before jurors were sworn in when Karen Hutcherson, an office manager for the Lee County Commission, angrily stood up in court after she was picked for the jury.

“Do you know how late we’re going to be here today?” Hutcherson asked Schoonover.

Schoonover said he couldn’t say how long the first day may take.

“I’m very resentful to be here today,” Hutcherson said and then stormed out of the courtroom.

Before jurors came back an hour later from lunch, Schoonover said it might be best if Hutcherson were removed from the jury to prevent such comments from tainting other jurors. Bringing Hutcherson into court, Schoonover spoke to her of the time prospective jurors and those involved in the trial spent that morning preparing, and of the cost taxpayers spent on those procedures.

“I resent this whole process the way it went this morning,” Hutcherson responded, saying she gave up personal time to attend. “How people get out of jury duty with medical problems. I just served over a year ago. I apologize for the way I acted. I apologize.”

Schoonover, telling her she couldn’t remain on the jury, bristled when she thanked him for letting her off.

“Don’t thank me. I’m not honored to give you an excuse.”

It wasn’t until after she left that Schoonover said she was to be the alternate. After jurors returned, Schoonover said they would try to finish by 4:30 p.m., which they did.