Fill out this form to email this article to a friend
Sentencing starts for Porter
A judge will decide the punishment for the former dance teacher who drove off after an accident that killed two children.
By CANDACE RONDEAUX
Published November 4, 2005
 |
 |
|
[Times photo, 2004: Skip O'Rourke]
|
|
|
  |
|
Bryant Wilkins, left, was two days away from turning 14, and his half-brother Durontae Caldwell was 3 when they died in the March 2004 accident.
|
|
Coming Nov. 13: A five-part special report detailing the case begins next Sunday.
|
|
|
TAMPA - Long after the cameras disappear and the memories fade, some still will puzzle over what happened the night of March 31, 2004. They'll wonder what Jennifer Porter was thinking when she left a crash scene where children lay dying.
No one will know how she felt when her father wiped blood off her car, or what went through her mind before she came forward publicly a few days later.
In the end, the actions of the former elementary school dance teacher that night may never make sense.
The mother of the two dead children and a parade of other witnesses are expected to testify at Porter's sentencing, which begins today. What they say could help a judge decide where mercy ends and justice begins.
"I've never seen a case in my 22 years take on the kind of life than this case has," said Tom Parnell, the attorney for the children's mother, Lisa Wilkins. "I think it's better for Ms. Wilkins and the family to just get this over with."
Parnell said he has his doubts about a prison term for Porter. "I just don't think it's warranted."
More than 18 months after Porter, 29, was charged with leaving the scene of an accident involving death, few familiar with her case dispute it was a tragedy. Two brothers, Bryant Wilkins, 13, and Durontae Caldwell, 3, were killed. Siblings Aquina Wilkins, 8, and her brother LaJuan Davis, 2, were injured. Porter's admission was part of an August plea deal that limits her punishment to a maximum sentence of three years. But there are no guarantees: Hillsborough Circuit Judge Emmett Lamar Battles could adhere to the terms of a plea deal, or impose a harsher sentence, or allow Porter to avoid prison altogether.
"This is not your typical criminal case," said Nick Cox, a Stetson University law professor. "You're dealing with someone who could be your neighbor."
The case is complex. Porter had no prior criminal record. It would be hard to argue for prison time, Parnell said in a recent interview with the Times.
"They couldn't prove vehicular homicide because she wasn't driving recklessly and those factors presented a problem for prosecutors," he said.
"Had she left the scene in some remote area where no one was around and (had) she left the scene without anyone else there at all to help, it might have been different."
But that was not what happened. Immediately after the accident several witnesses told investigators they had seen a white van, not Porter's silver Toyota Echo, hit the children first. Cal Henderson, then Hillsborough County sheriff, said Porter probably would not have been charged at all had she stopped that night.
Instead Porter was arrested nearly a month after witnesses told investigators they saw her car hit the four children near dusk along 22nd Street. The children were crossing the road on their way home from a local community center. Porter was leaving work at nearby Muller Elementary School.
The case shocked the community, including those who knew Porter. School co-workers told her attorneys that they could not understand how the gentle, caring young woman they knew could have left the crash scene. A hard-working teacher, she was very well liked, said fellow teacher Enid Jack.
"The kids adored her. The kids loved to go to dance," Jack said in a sworn statement.
Cox said the case would have been easier to prosecute had drugs or alcohol been involved, or if Porter had a prior record.
"It's really difficult from a prosectorial perspective to decide what kind of punishment to go for," Cox said. "No matter what, there's not a winner."
Media scrutiny forced the State Attorney's Office to proceed cautiously, said Cox, a former Hillsborough prosecutor.
He said a judge might be influenced by Porter's initial reluctance to come forward.
Tampa criminal defense attorney Eddie Suarez agreed that Porter's decision to wait two days before contacting authorities - and then, through her attorney - made for a difficult defense.
Suarez recalled the case of former client Justin Cabezas, who in November 1998 killed two people while drag racing on Hillsborough Avenue. He was 19, and he, too, had a clean record.
He showed remorse when he met with the victim's husband, Bruce Murakami. Later, Murakami said he realized Cabezas was remorseful, and a plea deal spared Cabezas prison time.
"I think anyone can panic when they get into a situation that's shocking or out of the ordinary," Suarez said. "Sentencing her to prison is not going to make it any less of a tragedy. It's not as though if Jennifer Porter goes to prison that will deter anybody."
The judge who will decide, a retired U.S. Army colonel, was appointed to the bench in 2002. Battles began hearing felony cases in April after assignments in juvenile and then civil court. Given his short time in criminal court, there is little in Battles' record to indicate what he might do in Porter's case. Former Hillsborough prosecutor John Rogers worked in Battles' courtroom for several months before starting his own private practice. Rogers said Battles has a strong reputation for his sense of fair play.
"He's known for being very deliberate, very thoughtful about his cases," Rogers said. "I don't think he's going to be swayed by public opinion or pressure from the outside. He's not going to make everybody happy in this case."
[Last modified November 4, 2005, 01:42:07]
Share your thoughts on this story
|
News
Print
Email story
Comment
Email editor
