Man guilty of killing swimmer out of prison; victim’s family frustrated

A family is fighting for justice for a man who was hit and killed by a boater years ago.

As he was swimming, 57-year-old Onofrio Sozio was hit and killed by a boat near Delnor-Wiggins Pass State Park and north of Vanderbilt Beach in North Naples in March of 2020.

The man who hit him, James Allen, was convicted last year.

Allen hit Sozio and then left the scene, as was shown in a video.

Since Allen’s conviction, a judge granted him bail, and he is out of prison with conditions pending an appeal.

He’s even been allowed to travel out of state for medical treatment. Now, Sozio’s family said they have had enough.

Sozio’s family said they can’t even put into words how hard these last few years have been without their cousin, the head of the family.

A few of his cousins were at the beach with him the day he lost his life back in 2020, and they still can’t talk about it to this day.

Hearing that Allen is trying to appeal his current court order to return to Florida and serve his sentence is rubbing salt in their open wounds.

“I don’t even know how to express the loss,” said Susana Lehan, Sozio’s cousin. “I really, I can’t even to this day fathom it. He’s had a grandchild since he’s been passed.”

“I’m still mourning. I think of him every day. I dream about him. There’s a hole in my heart, and I could start crying right now thinking about it,” said Teresa Volo, Sozio’s cousin.

Several witnesses said they saw Allen operating the boat in an area where swimmers were and claimed it was going faster than it should’ve been.

“Several cousins were on the beach with him that day and had to run into the ocean and save him and his body was cut open. To this day, those cousins that were there, maybe five people, are unable to even discuss it,” Lehan said.

Allen was sentenced to a little over nine years in jail but is now out on bond and has been receiving medical care in Ohio.

Allen’s attorney is trying to appeal that sentence and the court order that says he must return to Florida by February 1, citing medical reasons.

“He has not paid his dues for what he did,” said Carmen Graver, Sozio’s cousin. “You actually took a human life. Does that not mean anything? We would like to see him go to jail. Complete a sentence.”

“The family wants the judge to hear our pain and to understand that we’re all watching the case, all of us, and that we’re not going to be quiet because for him to say that he can’t get adequate care for medical care and Florida for his condition is ridiculous,” Lehan said.

WINK reached out to Donald Day, the attorney representing Allen, but has not heard back.

WINK was in court during this trial last year and heard the impact statements from Sozio’s family. They were emotional, and the family said they don’t want to have to relive that, but each time there’s an update in this case, that’s what it feels like.