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Highlands Today

TK Hill gets 4 years for DUI manslaughter

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By BRAD DICKERSON

Highlands Today

Published: September 4, 2009

SEBRING - A plea agreement was reached Thursday in the DUI manslaughter case of Travis Kelton Hill III.

Hill, 20, entered a plea of no contest to the charge. The terms of the agreement calls for the defendant to serve four years in Florida State Prison, followed by six years of probation.

The maximum penalty on a charge of DUI manslaughter is up to 15 years in jail.

A presentence investigation was ordered and final sentencing is scheduled for Oct. 26 at 1:15 p.m.

Hill was charged after the Dec. 30, 2006 death of Kristin Marie Dessingue, 16, of Coconut Creek. She was a passenger in his truck.

"The defendant operated a motor vehicle while under the influence of alcohol," said Assistant State Attorney David Ward while offering a factual basis for the plea. "At this point, his normal faculties were impaired."

Ward added that Hill's blood alcohol level was .179. The legal limit is .08.

A Florida Highway Patrol report found that Hill missed a left-hand curve and lost control, causing the truck to flip several times. He and the victim were both ejected.

"His recollection of the events of that night, due to the trauma he suffered, is such that I would not even be able to put him on the stand if this case goes to trial," defense attorney Richard Pipkin said at the start of Thursday's plea hearing.

Before Hill could officially enter into a plea, both attorneys and Judge Peter Estrada spent some time reviewing case law as it applies to a Florida statute.

Pipkin said he would be requesting a sentencing hearing for a later date, as to give Hill a chance to "get his affairs in order."

Shortly thereafter, Ward informed him that Florida law requires individuals pleading to a DUI offense to be sentenced immediately.

That statute would come in conflict with another one that says a defendant has a right to a presentence investigation, according to Pipkin.

Estrada said this confusion has been in the back of everyone's mind who is involved with the Florida legal system.

"It was always in the back of my mind, saying one day this will emerge, and it has emerged," Estrada said, before calling for a 30-minute recess so the two attorneys could find supporting case law while he reviewed both the statutes.

Upon returning, the state agreed that Hill would be entitled to a presentence investigation.

"I have not found any statute or case law which calls for immediate sentencing of the defendant under a DUI," Ward said.

After Hill formally entered into the agreement, Estrada dealt with the matter of modifying the defendant's presentence release.

Pipkin had asked that he be allowed to take a week and travel with his family to Alabama to visit his grandfather. The state had no objection and the request was granted, but not before the judge cautioned the defendant about not doing anything that could violate the agreement.

"So you understand how important it is now, especially, that you've got to tow the line, because Mr. Pipkin will tell you, if you mess this up, you could be looking at the full ride. Do you understand that?" Estrada said.

"Yes sir," Hill responded.

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

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