- Posted September 8, 2013 by
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Hernando County Florida
3:09 am (as stated by driver) time of the crash
3:28 am reported crash
3:38 am dispatched (10 minutes- delayed)
4:01 am paramedics on the scene (almost a half-an hour to arrive on the scene at this time of night) Extensive delay
Hernando County Sheriff's Office arrived at the scene at 3:26 am and my brother died at 3:32 am. What happen in those 6 minutes? Did anyone tried to perform CPR? The paramedics did not arrive till 4:01 am. The Sheriff's office identified my brother. The family was never called to ID him. I believe along with other issues this is a Civil Rights matter. My brother was a dark skinned Spanish man and the driver and his passenger are Caucasian. After pleading with the State Attorney to make an arrest the failed to do so and here are the reasons why.
BRAD KING, STATE ATTORNEY
Fifth Judicial Circuit of Florida
Serving Marion, Lake, Citrus, Sumter, Hernando Counties
TO: BRAD KING, STATE ATTORNEY
RIC RIDGWAY, CHIEF ASSISTANT STATE ATTORNEY
FROM: BILL CATTO, A.S.A.
REF: DAVILA TRAFFIC HOMICIDE, DRIVER ROBBIE ROBINSON
F.H.P. CASE NUMBER 713-40-009 (HERNANDO COUNTY)
DATE: AUGUST 21, 2013
As of this date, I have completed my review of the statutes and file in this traffic homicide.
These are my recommendations as to how we should proceed based upon my review of the
appropriate law and facts provided through the reports.
At approximately 3:00 AM on May 19, 2013,the potential defendant, Robinson, was driving on
Northcliffe Blvd., a four lane divided highway in Spring Hill, with his girlfriend as a passenger.
He had left his mother's home nearby to drive to his home in Pasco County. Davila, the decedent,
was either standing in the roadway or crossing it in dark clothing. According to the report, there
are no street lights in the area of the crash. At the time in which he was struck, Davila was
basically in the middle of the two westbound lanes. Robinson struck him with the driver's side
front of the vehicle, and Davila hit the hood and the windshield before being thrown off of the
vehicle into the grass median of the roadway, coming to final rest about 89 feet away from the
area of the crash. Per speed calculations, Robinson was driving 30-40 mph at the time, which is
within the speed limit.
Robinson and his girlfriend both stated that they immediately knew they had hit something large,
although they say they did not know if it was a person, Both got glass in their eyes from the
windshield. They indicated that they turned around and stopped their vehicle in the median,
looking for what they had hit, but due to the darkness they did not locate Davila. They decided to
look for an open business in order to report the crash. Robinson indicated that he did not call 911
on his cell phone because he was concentrating on the roadway with glass in his eyes. The
girlfriend indicated that in her state of panic she just didn’t think of the cell phone. They got back
into the car and drove to the Hess station at Mariner and Northcliffe, slightly over a mile away. It
is open 24 hours a day. Robinson went into the restroom and washed out his eyes; then he
proceeded to call 911. The entry on the CAD log indicates that the call came in at 3:20 AM; the
time of the crash was estimated at 3:09 AM. He reported that he had hit something and told the
dispatcher the general area of the crash. The log indicates that Hernando Sheriff’s Office units
found Davila at 3:26 AM in an unresponsive state; the log indicates that he was confirmed Signal
7 (deceased) at 3:32 AM. Robinson remained at the Hess station until contacted by Hernando
deputies, as he had been requested to do, and remained with law enforcement until released from
the investigation that morning.
FHP arrived on the scene and began an investigation. Cpl. Asbell, the homicide investigator,
spoke to Robinson. He described the details of the crash, as well as telling her that he had drank
alcoholic beverages in the early evening, stopping at around 10:30 PM because he had to drive.
Based upon this statement, Asbell decided to perform a horizontal gaze nystagmus test on
Robinson, even though she had noted no signs of impairment in her contact with him. This test
CITRUS COUNTY COURTHOUSE
110 N. Apopka Avenue, Inverness, Florida 34450 - Telephone (352) 341-6670
produced no signs of impairment; therefore, it was Cpl. Asbell’s opinion that there was no
probable cause for a blood draw, or any reason to believe that Robinson was impaired. He gave a
sworn statement as to the events as outlined above. Robinson's girlfriend confirmed his story as
to what had happened.
Some developments after the initial investigation are of note. On June 6, 2013, FHP interviewed
a witness, Joseph Rodriguez, who had seen a media account of the crash and determined that he
likely had useful information for the investigation. Rodriguez indicated that he was driving on
that same roadway a short time before the crash and saw a pedestrian standing in the roadway,
almost hitting him (avoiding him only because he had his bright lights on). Rodriguez described
him as a Hispanic male who had a “blank stare” on his face. It was Rodriguez’ opinion that the
person he saw was either drunk or on drugs. The second factor was the autopsy of Davila,
conducted by Dr. Kyle Shaw of the Fifth District Medical Examiner’s Office on May 19, 2013.
His conclusion was that Davila died of multiple blunt force injuries consistent with this type of
incident. Additionally, toxicology reports were conducted on Davila at the time of the autopsy.
These studies indicate that at the time of his death, Davila had a blood alcohol level of .273,
more than three times the legal limit. Based upon these facts, it was concluded by FHP that
Robinson violated no traffic laws and should not be charged with any crimes or even traffic
infractions. As part of my review of this case, I spoke to Dr. Shaw on August21, 2013. He
outlined injuries including severe head trauma, a spinal fracture, and an injury to the aorta. It was
his opinion that this combination of injuries would be rapidly fatal.
Section 316.027, Florida Statutes, makes it a crime to leave the scene of a crash involving death
or injury, or an area as close thereto as practicable, if one does so without fulfilling the
requirements of Section 316.062. That law requires a driver to render aid to any injured people
and to exchange driver’s license and insurance information with other drivers and law
enforcement. If no one can receive the information, due to injury or otherwise, the person is
required to forthwith report the crash to law enforcement. Neither the statute nor case law fixes
how far a person is allowed to go, or how long it should take, before reporting. It would be fair to
say that common sense is the guide, and as soon and as close as possible is desirable. The facts of
the investigation show that, after the crash, Robinson stopped his vehicle and attempted to locate
what he had hit, to no avail. He was thus unable to exchange information or assist any injured
parties. He could have used his cell phone to call 911 from the scene. Instead, he proceeded to a
nearby open business and contacted law enforcement from there, directing them to the area of the
crash, where they located Davila. Robinson remained there waiting for authorities, making no
attempt to conceal himself or his vehicle from discovery. He provided his vehicle to authorities
and made a sworn statement that morning as to what happened, even admitting that he drank
alcohol in the ear