Hunter DUI manslaughter trial set for this week

SARASOTA — For almost two weeks, James Hunter has been behind bars for refusing to say if his brother was driving a pickup truck during a crash last year that took the life of Braden River High School assistant football coach Doug Garrity.

While his brother Josh Hunter remained free on bond, a judge jailed James Hunter after finding him guilty of civil contempt April 27.

Josh Hunter, 33, is set for trial this week on a DUI manslaughter charge stemming from the wreck that killed Garrity, a passenger in the car with both brothers.

The case is scheduled for jury selection today, and the trial is expected to take one week.

To prove someone is guilty of DUI manslaughter, the law requires the state prove that the defendant was driving at the time of the crash.

Previously, James Hunter told prosecutors that his brother was behind the wheel during the March 2009 fatal wreck on an Interstate 75 northbound ramp near Venice. He later invoked his Fifth Amendment right.

Now that he’s refusing to talk, James Hunter’s silence puts a serious dent in the state’s case against his brother. His testimony, prosecutors say, is essential to prove the case this week against his brother.

James Hunter, 39, is the only person who can say for certain his brother was driving at the time of the wreck, prosecutors say. The only other person in the car, passenger Matthew Braselton, told prosecutors he does not remember who was driving.

During a hearing Friday, Circuit Judge Donna Berlin pulled James Hunter into her courtroom and gave him another chance to talk.

But that didn’t happen.

His attorney, Paul Hudson, informed the judge that his client still does not plan to testify.

Regardless, prosecutors still plan to put him on the stand.

“We still intend to call him as a witness, but it may be done outside the presence of the jury,” Assistant State Attorney Matt Sandburg said Friday. “He’ll be given an opportunity to testify truthfully.”

If he still won’t talk, prosecutors plan to ask the court to find him in criminal contempt, which means he could be sentenced to up to a year in jail if he is found guilty, said James Hunter’s attorney Paul Hudson.

Unless he agrees to talk before trial, he could remain jailed up to six months on the civil contempt charge, said Sarasota defense attorney Darren Finebloom.

Hudson said the state had also subpoenaed Josh and James Hunter’s parents to talk, but Friday, Sandburg said neither parent has been issued a subpoena for the trial.

Postponement possibility

Under Florida law, someone accused of DUI manslaughter must be brought to trial within 175 days from the date of the arrest.

And that expiration takes place this week.

But local lawyers say the trial still could be postponed.

According to Bradenton-based defense attorney Colleen Glenn, prosecutors could argue that speedy trial should be extended because of a hostile witness to their case.

If the judge finds good cause, they could extend speedy trial time frame, Glenn said. But the extension must be made before speedy trial expires.

“Special circumstances could include the state showing that relevant testimony is unavailable despite diligent attempts to obtain it,” Glenn said. “In addition the state could make the argument that the defense is causing a major delay or disruption of preparation of proceedings, as by preventing the attendance of witnesses or otherwise. If the court finds that the failure of Josh’s brother to give testimony consistent with his prior statement is a delay or disruption of the proceedings, it’s possible a request to extend the speedy trial limitations by the state could be granted.”