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Prosecutor won’t file charges in ‘07 Marco Island fatal accident

The State Attorney’s Office considered all evidence, including the intoxication level of the 72-year-old Marco Island man who died and tests showing the driver was not intoxicated

By AISLING SWIFT (Contact)
9:03 p.m., Tuesday, July 8, 2008

STORY TOOLS

A 24-year-old Marco Island man who hit two pedestrians in December won’t be criminally prosecuted because an elderly man who was killed was intoxicated — and the driver wasn’t.

Alan O’Hea, 72, of Marco Island, was hit by a northbound car driven by Luke Vergo as he walked across Bald Eagle Drive near Chalmers Drive at about 8:30 p.m. Dec. 30, police reports say. Vergo’s northbound car also hit O’Hea’s wife, Jeanne, 69, who suffered serious injuries and was hospitalized after undergoing surgery.

When Marco Island police arrived at the scene near Porky’s restaurant, Officer Eric Rhymer’s report says Vergo’s windshield was broken, O’Hea’s glasses were on its hood, and Jeanne O’Hea’s lower legs were broken.

Acting Police Chief Thom Carr said the intersection in front of Porky’s is not well lit.

Police had pending warrants for charges of DUI manslaughter, a second-degree felony, and DUI causing serious bodily injury, a third-degree felony. The State Attorney’s Office declined to prosecute. Vergo passed a field sobriety test at the scene of the crash, but Carr said toxicology and medical reports led investigators to charge Vergo with being intoxicated.

The legal definition required to prove that charge is a blood-alcohol content of 0.08 percent or higher.

Defense attorney Jerry Berry said Vergo wasn’t intoxicated.

“His blood-alcohol level was .000,” said Berry, who was retained by Vergo’s family in case charges were brought. “There is absolutely no evidence Mr. Vergo was impaired at the time of the accident.”

Berry called the investigation by Marco Island Police very comprehensive and thorough and said Vergo cooperated fully.

“Just because you’re involved in an accident and someone dies doesn’t mean you committed a crime,” he said. “In this case, it’s sad, but Mr. Vergo didn’t do anything wrong. Luke Vergo is a very nice young man who was just in the wrong place at the wrong time.”

Court records show Vergo was charged with two prior traffic offenses in Collier County. On July 12, 2006, he was cited for reckless driving, but charge was dismissed after he completed an American Safety Institute course.

On May 18, 2007, Vergo was cited for speeding and pleaded no contest, but an adjudication of guilt was withheld after he took a defensive driving course.

Carr said the State Attorney’s Office declined to prosecute because there was insufficient evidence to prove the charges beyond a reasonable doubt.

State Attorney’s Office spokeswoman Samantha Syoen said the police warrant seeking Vergo’s arrest was denied for several reasons, including that Vergo passed a field sobriety test, and that Alan O’Hea’s blood-alcohol content was 0.18 percent — more than twice the level to prove a intoxication in this state.

Symptoms of intoxication at that level include decreased reaction time, staggering, and other impediments to gross motor control.

A 25-page report outlining the case and the factors considered in not prosecuting Vergo was not immediately available from the State Attorney’s Office.

Chris O'Hea, the couple's son, said the family declined comment on the case and asked that their privacy be respected.

City Councilman Frank Recker, who was at the scene shortly after the crash, said Alan O’Hea’s shoes were 50 to 100 feet away from his body. Recker said the crash underscored the possible need for better street lighting near the restaurant.

Staff writer Kelly Farrell contributed to this report.

Comments

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Reckless driving and speeding aren't that bad, especially when performed by a nice young man whose parents can afford top-tier legal talent and the driving classes it takes to stay on the road and out of trouble.

Driving under the influence of coincidence -- being in the wrong place at the wrong time -- is something else entirely. That can get people hurt.

Nice of the old guy to take the fall.

#1 Posted by elnuestros on July 8, 2008 at 9:31 p.m. (Suggest removal)

hitting the wife does not count? what a travesty...

#2 Posted by coolkraft on July 8, 2008 at 9:37 p.m. (Suggest removal)

elnuestros........your a dick

#3 Posted by ba10da69 on July 8, 2008 at 9:38 p.m. (Suggest removal)

What kind of car was Vergo driving? Just curious.

#4 Posted by volochine on July 9, 2008 at 1:35 a.m. (Suggest removal)

THIS IS BULL ....TYPICAL FOR THIS SEWER HOLE !!

#5 Posted by firehauck on July 9, 2008 at 5:31 a.m. (Suggest removal)

To the posters who are upset this guy wasn't charged with a crime.... If somebody walks out in front of my car and I, in an unimpaired state, can't avoid hitting them, I should be responsible for their stupidity??

#6 Posted by myrealname on July 9, 2008 at 7:45 a.m. (Suggest removal)

I was not there and did not see the accident. But it seams to me with the shoes being 50 to 100 ft away from impact that the driver was speeding or was not paying attention.

But thats just my opinion.

#7 Posted by chincieone on July 9, 2008 at 8:35 a.m. (Suggest removal)

Oh I forgot. The driver had already been sited at some point in time. Sited for speeding and then reckless driving tickets. Thats was what led me to my conclusion.

Again thats just my opinion.

#8 Posted by chincieone on July 9, 2008 at 8:43 a.m. (Suggest removal)

Wow, an old drunkard staggers out infront of a moving vehicle and gets hit and its the drivers fault? WTF is wrong with you people?

#9 Posted by SandnSurf on July 9, 2008 at 9:17 a.m. (Suggest removal)

For the record - he didn't "step out in front of a moving vehicle". He and his wife were more than 3/4's of the way across the street, approaching the curb when they were hit. Seems to me the driver had plenty of time to see them, if the driver was paying attention to the road.

#10 Posted by naheetp on July 9, 2008 at 9:26 a.m. (Suggest removal)

Sorry, naheetp, I didnt realize you were present and taking notes. My apologizes.

#11 Posted by SandnSurf on July 9, 2008 at 9:47 a.m. (Suggest removal)

I agree with SandnSurf - a drunk 72 year old in the street (close to the curb or otherwise, still IN THE STREET) gets hit by an unimpaired driver, and you people want to give the drunk 72 year old (in the street) the benefit of the doubt, not the unimpaired driver. WTF is wrong with you people?

#12 Posted by ljfroloff on July 9, 2008 at 10:06 a.m. (Suggest removal)

What's wrong with these folks? Could it be that the driver's name sounds remotely Hispanic?

#13 Posted by sassy2 on July 9, 2008 at 10:11 a.m. (Suggest removal)

I hope nothing like this never happens to me. I have a less than perfect driving record. No wreckless driving like this young man, but several speeding tickets for sure. If an elderly gentlemen is IN THE ROAD, near the curb or not, and the street is poorly lit and I hit him..well persacute me because I've gotten caught going 10 mph over the speed limit 3 or 4 years ago.

Accidents happen. According to most of the posters unless you're perfect and have never made a mistake (speeding) then accidents don't exist for you anymore.

#14 Posted by emmylopez on July 9, 2008 at 2:49 p.m. (Suggest removal)

sounds like toxicology reports must have been inadmissable for whatever reason. there must have been something there that would have led to charges. no alcohol doesnt mean there wasnt something else...

#15 Posted by islandman4now on July 9, 2008 at 3:35 p.m. (Suggest removal)

My heart goes out to the O'Hea family for their loss. Although they might have been in the wrong for crossing the street when they did, it seems strange to me that the driver could not see them at all or prevent himself from hitting them. Seeing his prior traffic offenses does tend to make one wonder about what really happened here. However, none of us were there and we will never know for sure. I am sure Mr. Vergo feels terrible about inadvertently taking someones life. That is a difficult burden to have for the rest of your life. He is fortunate to have parents who were able to retain such a good attorney. We all know how that helps one get out of many sticky situations, versus someone who cannot afford one and is god forbid, left to the hands of the Collier County Sherrifs Office and State Attorney. I pray that this unfortunate tragedy will change Mr. Vergo's driving habits. Alot of young male drivers down here all drive fast cars, but don't really realize just how dangerous all of that horsepower can be. My own good friend was killed in January by a 17 year old driver who failed to yield to oncoming traffic.

#16 Posted by florida1220 on July 9, 2008 at 4:44 p.m. (Suggest removal)

shoes were 50 -100 feet away but eyeglasses stayed on the hood of the car? If he's going as fast as you people say, how do the glasses stay on the hood of the car.

Innocent until proven guilty, the facts didn't even support charging the driver...the system worked...its just a terrible accident.

#17 Posted by coral on July 9, 2008 at 5:06 p.m. (Suggest removal)

There is a lot more to this story than meets the eye. Yes, the couple should have crossed at the intersection and yes, the driver may not have seen them. It appears that local law enforcement was unwilling to look beyond the blood alchohol levels and consider other factors that are plainly in public record.

#18 Posted by jws026 on July 11, 2008 at 9:04 a.m. (Suggest removal)

For those of you referring to the victum as an "old drunk" "staggering" in the street were NOT there and do not know the victum and if they did would never make such judgements on him. He and his completly sober wife were not "staggering across the street or walking in front of the car. It is beyond disrespectful to the family to make such heartless judgments about someone you do not know. If there were criminal changers brought up on a young driver who has previous reckless driving chargers against him he is obviously not the best driver out there, and obviously speeding. Just because he was not drunk DOES NOT mean he was not under the influence of something else ( drgs perhaps?) funny that this article leaves that aprt out, just suggests that he has a very good lawyer.

Have a heart for the poor family that could be reading your posts.

#19 Posted by moe009 on July 17, 2008 at 4:49 p.m. (Suggest removal)

Seems like vergo is not as innocent as some may think. Marconews.com published another article stating vergo tested positive for oxycodone and marijuana.

#20 Posted by kmg33164 on July 19, 2008 at 11:03 p.m. (Suggest removal)

How DARE anyone who does not know Mr. O'Hea presume he was a "staggering old drunk". How many of us have been on vacation, out to dinner with family, WALKED home (right thing to do, right?). This is a tragic event which has left a family devastated. NO one should pass judgement on the victims of this accident. Mr. O'Hea has a large extended family who are still hurting tremendously, and to see their loved one slandered by someone who does not even KNOW them is disgusting.
Think before you post such hurtful remarks. There but for the grace of God go all of us.

#21 Posted by mkmbfm on July 22, 2008 at 9:27 a.m. (Suggest removal)

Thanks to Kelly Farrell in the Marco News for trying to present the "other" side of this tragic story. The Naples Daily News seems to want to characterize Mr. O'Hea as irresponsible, when he was doing the ABSOLUTELY RESPONSIBLE thing by NOT getting behind the wheel. If only Mr. Vergo had chosen to be as responsible that night!
To make things worse, no one seems to acknowledge that Mrs. O'Hea was completely sober and her injuries have been grossly understated and ignored in all of this.
This is a tragic outcome to an even more tragic accident. Those of us who love Mr. & Mrs. O'Hea are still trying to deal with this, and to have the press make this look like it was their fault is DISGUSTING. Let's hope the State Attorney General can sleep at night.

#22 Posted by mkmbfm on July 22, 2008 at 9:56 a.m. (Suggest removal)

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