Criminal defense attorney weighs in on Matlacha car crash

Cody Curtis was arrested on Monday for driving under the influence and crashing into That BBQ Place in Matlacha on April 13

He was drinking at Phuzzy’s Boat Shack in Saint James City, which is around a 13-minute drive from That BBQ Place.

Troopers say he got into his car at Phuzzy’s, left the parking lot, and just 13 minutes later, he drove into five people in Matlacha.

He killed Mary Lou Sharp and injured Thomas Kline, Michael Mackaben, Sharon Pace, and Ray (Butch) Gay Jr.

WINK News was at the scene after the crash and spoke to Rory Byman, who witnessed it all.

“I don’t think he knew what happened. Honestly, he really he tried to get out asking everybody who was around his car what happened?,” Byman said.

The Florida Highway Patrol says a video at Phuzzy’s shows Curtis lifting his head up and swaying backward, ultimately losing his balance before getting in his car.

WINK News was denied these videos as this is still an active investigation.

WINK News Reporter Olivia Jean spoke with Jill Prenger, a criminal defense attorney. She is not involved in the case but read the arrest report.

She said he is looking at a maximum of 32 years in prison.

“There’s going to be death points, so it is likely that he is going to be scoring well beyond that minimum mandatory of that four years,” Prenger said.

One question that still remains is should Phuzzy’s be held accountable in any way? Prenger attempted to answer that.

“Criminal liability isn’t necessarily always appropriate. But there’s also the key of civil liability,” Prenger said.

She says there is not much law enforcement can do, and it is up to the victims and their families to seek legal action.

“The biggest thing for them is going to be civil liability. When there’s, unfortunately, a death involved and serious bodily injury, if they are looking for potentially compensation for the injuries they have suffered, the loss they have suffered,” Prenger said.

She went on to say, “he was stumbling and just appearing very drunk in the video based on the booking report. That doesn’t necessarily translate to what was happening inside of the bar.”

Mary Lou’s family told me they will explore legal options.

“If he was that intoxicated to where he was gonna leave there and kill somebody the way he did. I think they should be held accountable,” Kasha Darna, Mary Lou’s granddaughter, said.

Curtis blew a .137 and claims he drank only two beers at Phuzzy’s.

“There’s no possible way that two beers equals that number unless he slammed them right before,” Prenger said.

Florida Highway Patrol didn’t test him until four and half hours after the crash, meaning it was much higher at the time of the crash.

Phelan Family Brands owns Phuzzy’s. They sent WINK the following statement:

“Phelan family brands mourns with the rest of the pine island/matlacha community in the recent tragic event. We are cooperating with the Florida Highway Patrol as they continue their investigation.”