Luke Vergo

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After over six months with no answers, and even though the accident report and investigation have not yet been released in their entirety, the Marco Eagle has learned that charges are not pending against anyone involved in a fatal accident Dec. 30.

An elderly Brooklyn man was killed after he and his wife were struck by a car while crossing Bald Eagle Drive near Porky’s Last Stand.

Alan O’Hea, 72, suffered fatal injuries and died on the scene after he was hit by a Honda Civic driven by Luke Vergo, 23, of Marco Island. Jeanne O’Hea, 69, was also struck by the car and suffered serious injuries. She was flown by helicopter to Lee County Memorial Trauma Center. She maintains an address on Marco Island as well as Brooklyn, N.Y.

According to Police Chief Thom Carr, toxicology and medical reports did lead investigators to believe Vergo was intoxicated when he struck the pedestrians with his white 1996 Honda.

The state attorney’s office disagreed.

Carr said a warrant requested charges against Vergo for DUI manslaughter, as well as second and third degree battery with serious bodily injury. This request was sent by MIPD May 27 and by June 1, the state attorney’s office turned down the case citing “insufficient evidence to prove beyond a reasonable doubt,” according to Carr.

He added that although medical records of the driver cannot be released, investigators found enough evidence to prove in their minds that Vergo was intoxicated at the time of the accident. While the MIPD waited to hear if the state attorney’s office would decide if charges could be filed against the driver, a twist in the case developed.

Samantha Syoen, the communications director for the state attorney’s office said the “warrant was denied for multiple reasons.”

First the driver passed the field sobriety test given by the Marco Island Police officer at the scene of the accident, she said.

“Secondly, one of the victims was intoxicated and had a very high blood alcohol level,” Syoen said.

The victim who lost his life, pedestrian Alan O’Hea, had a blood alcohol level of .18, Syoen explained.

Symptoms at this level of blood alcohol concentration (and BAC ranging from .11 to .20) often include emotional swings, decreased reaction time, staggering, slurred speech and impediments to gross motor control. All 50 states and the District of Colombia consider a person legally intoxicated if their BAC is .08 percent or higher.

City Councilor Frank Recker said he observed the aftermath of the accident first hand. He said the shoes of the deceased man were “50 to 100 feet away from the body,” which made him wonder about the speed the driver would have to go to cause the scene he observed.

In the initial police report dated Dec. 31, officer Eric Rhymer described a broken windshield and the man’s eyeglasses on the hood of the car.

“ ... It appeared as if both of (Jeanne O’Hea’s) lower legs were broken as the feet were turned outward and her legs were twisted below the knees,” he wrote.

She later underwent surgery for her injuries and was released.

In addition to speed, Recker said the incident raised the question of whether better street lighting may be needed near the restaurant.

“It’s not that well lit in front of Porky’s,” Carr said.

The state attorney’s office should have a full 25-page report on the accident and investigation available by the end of the week according to Syoen.