Jean Claude Meus Gets A New Trial

The Second District Court of Appeals in Lakeland on Wednesday affirmed the decision of Hardee County Judge Jeff McKibben, who granted a new trial last May to Jean Claude Meus.

Meus, 44, an independent trucker, was convicted in Hardee County in the 2001 accidental death of Nona Moore, 40, and her 8-year-old daughter Lindsey. Prosecutors contend Meus fell asleep at the wheel, drove through a stop sign and overturned his tractor-trailer onto Moore's van at Seven Mile Point.

Meus maintained that a third vehicle cut him off, forcing him to swerve into Moore's van.

In 2003, Meus was sentenced to 15 years in prison. He was released by Judge McKibben when Juan Otero, the first witness arriving at the accident scene, testified that Meus did not appear to be tired and had no difficulties walking, talking or understanding what was happening.

Assistant State's Attorney Steve Houchin appealed McKibben's ruling. Now, it will be up to Houchin to file for a new trial. An attempt was unsuccessful to contact him Friday.

"I'm very happy now," Meus said of the per curiam appeals court decision, which means it was published by the whole court, without oral or written comment. He has moved to Knoxville, Tenn. to be with his wife Rebecca Chenoweth.

If the state prosecutes him again, "they are just going to waste their money," said Meus, a Haitian immigrant who has lived in the U.S. for 27 years.

Meus contends that if the state files vehicular homicide charges again, double jeopardy applies, and that the Florida statute of limitations has passed anyway.

"I will fight this with every hair on my body," Meus said.

"We are appreciative of all the support that we have received from the community," Chenoweth said. "The ruling of the lower court now stands, anda new trial is in order. Hopefully the state will not pursue the case any further."