Leave the scene!

This seems like a good law school exam question:

DAVIE, Fla. -- An altercation in a casino parking lot escalated into road rage and ended with a man killed in a hit-and-run accident, officials said.

Julio Cesar Roqueta Reyes, 24, of Miami, died early Sunday morning when he was knocked into traffic and struck by a vehicle at a Davie intersection, police spokesman Bill Bamford said.

Roqueta became involved in a heated dispute around 4 a.m. with another man over Roqueta's souped-up Dodge Neon in the parking lot of the Seminole Hard Rock Hotel & Casino in Hollywood, police said.

Both men got in their own vehicles and continued hurling insults at each other as they drove north toward Davie, police said.

At the intersection of State Road 7 and Griffin Road in Davie, both men got out of their cars and began fighting. Roqueta was punched in the face, knocking him into northbound traffic, Bamford said.

Police said Roqueta was killed instantly, and the driver of the vehicle that stuck him never stopped.

Bamford said the man who punched Roqueta fled after the incident, but was soon apprehended. Police did not release his identity Sunday night. It was not known if he would be charged with a crime, Bamford said.

One of my worst fears is hitting a pedestrian, and I'm still haunted by coming within one inch of hitting a small boy who darted out in front of my car without warning. I screeched to a stop so suddenly that my passenger's head hit the windshield and the battery was jarred loose from it's compartment. I lost my temper, and got out of the car screaming bloody murder at the child, who stared blankly at me. No parent anywhere. So I continued on. Thoughts of "what if, what if" still plague me, and I'm always aware that something like this can happen anywhere, at any time, to anyone, no matter how good a driver.

Then there's the duty to stop and render assistance after you hit someone. Depending on the circumstances, this could get you killed. If I saw a fight in progress, I'd be inclined to drive to the nearest police station instead of stopping at the scene. Even though this might be construed as hit and run, at least I'd be alive.

What's interesting about this case from a criminal law perspective is that but for the car striking Roqueta, the fight would probably have gone unreported.

I found another report of the incident ("Robot whiz dies in scuffle") which describes Roqueta as a bit of a hothead, and a driver of "Rammstein" on Comedy Central's "Battlebots" show:

Roqueta got into a shouting match with one of the man, but no punches were thrown. It looked like a fight would be avoided.

Moreno, Roqueta and Espinosa left, turning northbound on 441. They were stopped by a red light at Griffin Road. The Mercedes also stopped. The trash-talking resumed, and apparently escalated. Someone got out of the Mercedes and came around to the passenger side of the Neon, where Roqueta was sitting in the front seat. Roqueta got out.

LANDED A PUNCH

Fists began to fly, police said. One of the men from the Mercedes cocked back, swung, and landed a punch on Roqueta's face, sending him stumbling backward, police said.

Roqueta fell down, his head hitting the bumper of a car headed northbound on U.S. 441, police said. The sound of the crash was so piercing, someone called 911 and reported it as a gunshot. When police arrived, they realized Roqueta had suffered a violent death, but not from a bullet.

''This kid hit [Roqueta] right in the mouth,'' said Davie Police Lt. Bill Bamford. ``He lost his balance, fell backwards, and the car hit him in the headlight area. It was just bad timing.''

After the accident, Roqueta's friends and the other men drove away from the scene, leaving his body behind, police said.

Espinosa said everyone left but all later returned.

Bad timing? Murder? Manslaughter? (I worked on a murder case in which our client had struck another man in a fistfight from which both parties had walked away appearing normal if bloodied. But because the other man died the next day of internal bleeding, our guy was charged with murder.) You set in motion a chain of events, and you can be held criminally liable. This might very well be charged as manslaughter, especially if the other man was the aggressor in the fight.

And what about the still-unidentified driver who hit Roqueta? There's clearly hit-and-run culpability, and if he'd been speeding, there might be a theory of manslaughter against him too. (It would depend also on whether pedestrians are permitted on U.S. 441 -- described as "a four lane highway" in that location.)

As I say, it's a good law exam question.

AFTERTHOUGHT AND UPDATE: I think I've finally figured out what caused this fight. It puzzled me that anyone driving a Mercedes would pick a fight with the driver of a Dodge Neon, so I read this account again:

The group left shortly after 4 a.m. and returned to the parking lot where they prepared to leave in Moreno's souped-up Dodge Neon, Espinosa said Sunday.

In the parking lot, three or four people in a black Mercedes began ridiculing the Neon, and an exchange of trash-talking ensued, Espinosa said.

The car was an older model, but it had a specialized exhaust system, typically reserved for faster, newer cars.

And, considering that the owner was a builder of robots, I'll bet it had more than that. According to the accounts, the Mercedes driver was the aggressor, and he was the one who struck the blow.

I'd be willing to bet that the reason for the "ridicule" was that the Mercedes driver was absolutely infuriated by the idea that an older Dodge Neon could possibly be cooler than a Mercedes.

Simple jealousy!

I'd be willing to bet that the Neon was cooler than the Mercedes too -- way cooler!

(I should probably be careful with my '64 Ranchero...)

posted by Eric on 06.20.05 at 03:26 PM





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Comments

How awful. What should have been a matter settled with a simple and quick fisticuffs (not that I'm condoning that) turns horribly wrong. Now one man dead and another surely regrets starting the whole thing in the first place. The motorist, however cowardly for not stopping, is probably terrified and ashamed.

As an aside, the Neon SRT-4 is one of the sweetest little cars you can get for $20,000. Dodge slapped a turbocharger on the little four-banger engine, with makes it pump out something like 260 horses. It will do 0-60 in the low 5 seconds and is the fastest car in the Dodge stable after the 500 HP Viper.

Scott   ·  June 21, 2005 01:10 AM

Come such time as I actually build my dream project, a Chevette with a V6 in it, I will make a point of not embarassing Mercedes drivers.

triticale   ·  June 21, 2005 04:27 PM

just to get the facts straight, his friends NEVER left the scene.

melina   ·  June 25, 2005 12:04 PM

I live in Miami and the victim's mom actually does my nails, or should I say "did". She is not doing very well at the moment. Anyway, I just wanted to clear the air because there seems to be so many different versions of this story. Julio Cesar was pretty much innocent during the whole thing. The trash talking was between the man driving the Mercedes and Julio Cesar's friend. By the way the driver of the Benz is like 40 years old, a bit old to be messing around with guys in their early 20s. Anyway, Julio Cesar got out of the car only when the driver of the Benz began punching the passenger side window where Julio Cesar was sitting. Yes, he should have left it alone and his friend should have taken off but we all know how guys that age think. The person driving the other car that hit Julio Cesar is actually a woman. She was arrested but is currently out on bond. The man that was driving the Benz and instigated the fight is being held without bond. I thought you may be interested in knowing what is going on. Oh, and yes, pedestrians are allowed on 441 (at least on that particular intersection). This is the story I got from Julio Cesar's friend who was driving the car.

Christina   ·  July 9, 2005 10:21 PM


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