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Prosecution Presents Witnesses; Defense Arguments Set For Today

Jasmina Meyer/Highlands Today

From left: Defense Attorney Debra Goins consults with her defendant Joshua Lee Altersberger, who plead guilty to the murder of Florida Highway Patrol Sgt. Nick Sottile, at his sentencing trial on Monday at the Polk County Courthouse in Bartow.

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By BRAD DICKERSON

Highlands Today

Published: March 31, 2009

Updated: 03/31/2009 09:32 am

BARTOW - Emotional statements from the family of Sgt. Nicholas Sottile ended the first day of testimony in the penalty trial of Joshua Lee Altersberger.

Daughter Heather Sottile remembered a memorable trip with her dad to see professional wrestling and that his favorite place was his vegetable garden.

On the one-year anniversary of her father's death, Heather said she got a letter informing her that she'd received her associate's degree.

"I know he's proud of me, but it's not the same to know it rather than hear it," Heather said.

Nicholas Sottile II told jurors he and his dad spoke almost every day. Like his father, the younger Nicholas became a member of the Florida Highway Patrol.

"I can remember how proud I was growing up knowing that my dad was helping and protecting people," Nicholas said. "He was my real-life superhero."

Nicholas testified that his father died just a few months before his wedding.

"I remember having to cancel his tuxedo reservation," he said.

Elizabeth Sottile, Nick's wife, said she and her husband first met in the summer of 1980 and Nov. 27, 2007 would have been their 25th wedding anniversary.

"Nick was the love of my life and my best friend," Elizabeth told the jurors. "He had the best sense of humor. He could always make you laugh."

It was not a trial, but Polk County jurors charged with recommending a sentence of life in prison or the death penalty for Altersberger still listened intently as witnesses began taking the stand Monday in the Polk County Courthouse before Judge J. Michael Hunter.

Altersberger pleaded guilty on March 13 to shooting and killing Sottile during a Jan. 12, 2007 traffic stop in Highlands County. A jury was selected last week to hear testimony to help them in making a sentencing recommendation.

Assistant State Attorney Steve Houchin began his opening statement by telling the jury that this week's proceedings would be a "somewhat unusual situation," in that they would hear no testimony about the investigation since Altersberger had already admitted his guilt.

Instead, all the testimony offered by the prosecution would be in relation to the events that occurred on the day of the shooting.

Defense attorney Pete Mills asked the jurors to "keep an open mind."

"What happened that day is a terrible tragedy," Mills said. "He deserves punishment, but not death."

Quintin Jerome Kinder, the man who was riding with Altersberger on Jan. 12, was the first to take the stand. He admitted under oath that he came to Highlands County from Georgia because he was "running from the law" after violating his probation following a burglary conviction.

Kinder told jurors that Altersberger came to his house on Jan. 12 and the two played video games that morning. Altersberger had also been drinking E & J Brandy before noon and was "buzzing" when the two left to go and meet up with a couple of girls.

Altersberger was driving on U.S. 27 after he and Kinder had left the Lake Placid Golden Corral, according to Kinder's testimony. Altersberger was swerving in and out of traffic and the reckless driving caught Sottile's attention, who made a U-turn and went after the Toyota Camry.

Altersberger said he was going to "push it" and try to outrun the trooper, according to Kinder.

Once the car stopped, Kinder said Altersberger threatened to shoot the trooper, prompting the passenger to get out and run into a nearby orange grove because of the probation violation hanging over him.

He told Houchin he never saw Altersberger shoot Sottile or heard a gunshot.

As police responded to the scene, Kinder said he could not get out of the orange grove because law enforcement had it surrounded. Instead, he picked a spot and stayed there until 7 the next morning.

"My father called me, told me to go outside and put my hands up," Kinder testified.

As Altersberger swerved in and out of traffic on U.S. 27, he was almost struck by a semi-trailer driven by Peron Merise.

"When I first saw the car, he cut right in front of the truck so sharp," Merise testified, adding that he had to slam on his brakes to keep from hitting the Toyota.

Once Altersberger was stopped by Sottile, Merise said he pulled in behind the trooper's vehicle as well so he could tell what had just happened.

"I observed the passenger just jump out and run," Merise said. "As the passenger ran out of the car, the trooper approached the car ... his hand on his pistol."

Merise testified that Altersberger's hands were in the air as Sottile came up to the car. Then, he dropped his hands, brought up a gun and fired.

"All I can see was fire coming out of that gun," Merise said.

When Sottile fell to the ground, Merise said Altersberger pointed the gun at his head and pulled the trigger, but the weapon did not fire again. Altersberger then sped away from the scene.

"Ten twenty-four, I've been shot. Ten twenty-four, I've been shot." The call was the second one Florida Highway Patrol Trooper Edward Finneran said he heard on that afternoon.

By the time Finneran arrived to Whitmore Curve, he testified that he found Sottile unresponsive.

"He was just laying there and a gentleman was holding his head," Finneran said. "He just had his eyes closed."

Highlands Today reporter Brad Dickerson can be reached at (863) 386-5838 or bdickerson@highlandstoday.com

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