Altersberger Sentencing Trial: Day 1

"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 from Sgt. Nicholas Sottile on the afternoon of Jan. 12, 2007.

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."

It was not a trial, but Polk County jurors charged with recommending a sentence of life in prison or the death penalty for Joshua Lee 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 the Jan. 12, 2007 traffic stop in Highlands County. A jury was selected last week to hear testimony to help them in making a sentence 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 hear 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 down, brought back 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.

"He (Altersberger) just took off ... in a rush," Merise said.