TBO.com - TBO is Tampa Bay Online

Highlands Today

Barbour Gets 2 Months In Boating Death

ADVERTISEMENT

By Gary Pinnell | Highlands Today

Published: June 17, 2008

SEBRING — A Sebring man, originally charged in the boating death of a 19-year-old woman, has been sentenced to 60 days.

State's Attorney Steve Houchin declined to prosecute on the most serious charge, boating under the influence-manslaughter. Instead, William Barbour, 38, 3920 Lakeview Dr., pled guilty to reckless operation of a vessel and received 60 days in Highlands County Jail – with credit for time served – and a $500 fine. He must also pay $238 in court costs, and restitution was ordered.

Florida Fish & Wildlife Lt. Dale Knapp made a fundamental mistake when, after the accident, he and other officers allowed Barbour to go inside his home alone to change clothes, Houchin said. Then they allowed Barbour's wife to drive him to the sheriff's office.

"I've never seen law enforcement officers do that," Houchin said Tuesday, shaking his head.

An internal memo from FF&W Capt. Calvin Davis to Capt. Andy Krause admits that he received a phone call from Knapp. Barbour had not come out of his home after 30 minutes, and Knapp wanted to know "if we had the right to go get him. I explained to Lt. Knapp that unless he had probable cause, he would not be able to enter the residence and regain custody."

Boating Accident
On at 5:45 p.m. on July 15, 2006, Knapp was dispatched to Lake Jackson. Robert Rotolo, 24, of Englewood, the boyfriend of the victim, said Ruth Marie Martin, 222 Parkview Terrace, was riding a tube behind a boat driven by Barbour. Rotolo realized the tube was going to collide with another docked boat, and rolled off.

Martin collided with the boat, and died later at Florida Hospital Heartland. Renzo Iglesias was airlifted to Tampa General Hospital with head, shoulder and hip injuries.

When Knapp questioned Barbour later, Barbour "told me that he had drank only two beers, hours before the accident. I told him that since a death had occurred, he would be under suspicion of being drunk, and he may want to give a breath sample at Highlands County Sheriff's office, just to clear his name."

Conflicting Evidence
Barbour's admission to Knapp that he had drank two beers, and to FF&W Officer Erika Zimmerman that he had drank three beers, "doesn't rise to the level that we needed for conviction," Houchin said. Those statements were made before Barbour was read his Miranda right to remain silent, Knapp's report said.

"During a post Miranda interview with investigator Mike Frantz, the operator with his attorney present advised that post accident, while he was in his residence alone, he consumed two alcoholic beverages," Knapp's report said.

"Two big tumblers of bourbon," Houchin said, holding his hands about six inches apart.

A report indicates Barbour scored .116 and .113. In Florida, a driver is legally drunk with .08.

Knapp's report said Sebring Police Cpl. Robert McConnell noticed a "faint odor of alcohol coming from V1 operator's breath but did not notice any further signs of impairment."

In his own report, McConnell said "Barbour was unemotional in light of the incident. When I spoke with Barbour, I was no longer able to smell the odor of alcoholic beverage."

Houchin said family members may sue Barbour in civil court, and that at least one attorney has been in the courthouse to gather legal papers.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT