Palm Harbor man sentenced to 10 years in DUI manslaughter
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Tuesday, February 26, 2008

Palm Harbor man sentenced to 10 years in DUI manslaughter

Eagan

Joseph Edward Eagan listens to testimony during a court hearing last month. [Atoyia Deans | Times]

A 22-year-old Palm Harbor man was sentenced today to more than 10 years in prison for killing a friend in an alcohol-related accident two years ago.

Joseph Edward Eagan pleaded guilty to DUI manslaughter last month. He told Pinellas-Pasco Circuit Judge Nancy Moate Ley then that he was remorseful for killing Andrew Garcia, 21, a passenger in his car.

During a brief sentencing hearing this morning, Ley said she disagreed that Eagan had shown remorse, noting that he had continued to drink, including at a Halloween party just a few months after Garcia's death.

"That is not a record of remorse," Ley said in imposing the prison term, which was in line with the sentence prescribed by state guidelines.

The accident happened in June 2006. After spending an evening at the Innisbrook Resort, Eagan got behind the wheel of a 2001 Acura Integra with Garcia as his passenger. As he headed south on Mill Pond Road, Eagan lost control of the car and crashed into a tree.

His blood-alcohol level was 0.14 percent, nearly twice the level at which Florida law presumes a driver to be impaired.

- Jose Cardenas, Times staff writer

Comments

.14 alcohol level, this guy is a killer and he only got 10 years. what ever happen to getting in trouble for killing someone?

There was no intent. The passenger knew the condition of the driver.If he had stepped in front of a train would we sentence the engineer?

2 Less drunks on the road to kill us who do not drink. One drink is to many, enjoy it at home when your not going to drive.

No loss if you ask me.

this was his friend. they both made a poor decision. ten years is pretty harsh.

That is a very harsh penalty for a one car accident. prayers go out to the family. Terrible situation. DOA- NO loss, what the hell are you talking about.

These guys were friends..very poor decision on both sides..The victim was a friend of mine. Terrible ending to a young and promising life..DOA shut your mouth, you have no idea what you are talking about it

R.I.P. Andrew! Please know that your family fought very hard to get a just result on your case.

DOA, you should learn before you speak. There was a terrible loss in this case and now two families have to suffer.

Sad story but again how many friends have to die before it sinks in. DOA is right drink at home and dont drive.......... SAD shut your mouth. my wife was killed by a drunk

I don't see what good it does to put the kid in jail for 10 years if he had no prior incidents and none since. How does a judge determine that he is not remorseful if he continued to drink and did so responsibly. Any person in the world would feel awful for making this mistake and someone else losing their life, let alone that of a friend.

All this boo hoo about the light sentence.. both made poor decisions.. but what price did Mr. Eagan put on his friends head... what message are we sending.. my friend got killed while I was driving .. but I shouldnt have to do time... bull...

STEVE..I AM NOT AGREEING THAT DRINKING AND DRIVING IS ACCEPTABLE, IT IS NOT. I DONT DO IT AND DONT AGREE WITH IT. YOU TOOK WHAT WAS SAID OUT OF CONTENT. I AM SORRY FOR YOUR LOSS.
DOA COMMENT ON "No loss if you ask me" WAS UNACCEPTABLE..22 YR OLD(KID) PASSENGER DIES AND THERE'S NO LOSS?

Is .14 really drunk? I think the threshold is too low. What is that 2 beers in an hour? That's a slight buzz at best. Sounds to me this kid doesn't know how to drive. Like any professional sport, Drunk driving takes lots of practice. Rookies..

Until people get the message that they should NEVER drink and drive, then the punishments for DUI related crimes should become more and more harsh. Yes, it's a shame that a young man had dies and that another will spend a good junk of his life behind bars, but if it saves it from happening to someone else, then so be it.

Very sad story for all parties. I did plenty of things as I young adult that aren't acceptable now. I wouldn't cast a stone as this young man.

This is a sad case where there are no winners. The sentence seems harsh, as this was not premediated and the defendent was not a repeat criminal.

Harsh?he should of gotten life,all you stinking drunks who drive should get 10yrs for your first offensive,20yrs for a second offense and life for your 3rd,then lets see how many people will drive drunk,losers

I see people driving poorly every day for any number of reasons. Some are probably drunk but others are just bad drivers or preoccupied with something else. Why is DUI held out as something worse than the little old lady who pulls out in front of me because her senses aren't that sharp anymore or the mother who runs a red light because her kids are in the back seat fighting? We need to follow Europe's lead and build better cities so knucklehead's don't have to have a car or get on the road at all.

Eh, with good behavior he'll be out in 3 months.

One comment is very perceptive. Even .14 is not Drunk. It is impaired.
As to the sentence, anything that will be accomplished by 10 years in prison could have been just as well accomplished by 5. Think back five years. Where were you, what were you doing? That is a long long time.

If he has committed no other crimes-------- Why not sentence him as a youthful offender?


My heart goes out to both families.

How the hell do you ignorant bastards afford a computer or the monthly internet fee?

These harsh sentence people are yankee, union, come south trailor dwellin, life screwed me so screw everyone elsers the southwest Florida is famous for.

8:44, he wasn't sentenced as a "youthful offender" because he was too old to be considered a "youthful offender."

And Robert, the law doesn't punish driving while "drunk." It punishes driving while "impaired." If you are "impaired" by alcohol, you shouldn't be driving a car/deadly weapon.

.14 ? That's normal for me. I am legally impaired under that.

Seems to me that is is similar to the Nick Hogan case. Lost control and hits a tree. I am curious what will happen to Nick?? It shows you what money can do.

He's white, a male and can't tip his way out. That's why they are throwing the book at him!

With good gain time he can be out in 8.5 years, not 3 months. This seemed to be an accident involving only consenting adults. 10 years is way too harsh.

The law is the law. He had learned no lesson. He needed to be off the streets. Going out drinking on several known occations after being court ordered NOT TO DRINK. No one should have had to tell him! Including the day after the funeral he was drinking! Talking about not taking the keys away from someone who had been drinking and was going to be driving. JOKING on his myspace under his hobbies including 'Not going to jail'. Who acts this way? Losing your friend should have been enough, aparently it wasn't enough for him. Good sentence.

HEY KNOW IT ALL FRED--JOE NEVER DRANK AFTER COURT ORDER--NEXT SOOOO SMART FRED --ANDREWS FAMILY FURNISHED THE ALCOHOL AT THE OUTING THE NEXT DAY.ANDREW HIMSELF ALSO FURNISHED ALL OF THE ALCOHOL AT INNISBROOK THE NIGHT OF THE ACCIDENT.HE ALSO BROUGHT ALONG TWO 17 YR.OLD GIRLS WHOSE PHONE NUMBERS WERE FURNISHED TO ANDREW BY PERFECT LITTLE MELISSA.WANT SOME MORE I GOT PLENTY JOE DID NOT DISCLOSE THESE THINGS BECAUSE HE WANTED TO PROTECT ANDREWS IMAGE .ANY MORE BAD MOUTHING JOE AND I WILL POSTALL I KNOW..ALL YOU BAD MOUTHING PEOPLE WANT THE WHOLE STORY AS TO THAT NIGHT,EVEN THOU I PROMISHED JOE I WOULD NOT I THINK IT"S ABOUT TIME TOTELL THE WHOLE STORY.IF SEVERAL PEOPLE POST ON HERE I WILL TELLALL KNOW .JOE DID NOT EXPECT TO GO SCOTT FREE .WHY DID THE MAN IN KENNETH CITY ONLY GET 5 YRS. WHEN HE KILLED A CYCLIST,WAS 0.18 AND HE HIT AND RAN ,ONLY TO BE FOLLOWED BYB ANOTHER MOTORIST. THIS SEENS TO BE A FAR WORSE CRIME THAN JOE"S.

glenn, you are moron. how can you post things like that when you know it would hurt the family who already lost a son. grow the hell up!

For those who post such sympathy for the sentened, he got 10 yrs. because he showed that he was NOT going to change. He continued to drink and act irresponsibly, to the point of posting pictures of himself on MYSpace drunk. He had no remorse, nor did he demonstrate that he was going to change. At least for the next ten years, the roads will be a just a little safer now.

For those who post such sympathy for the sentened, he got 10 yrs. because he showed that he was NOT going to change. He continued to drink and act irresponsibly, to the point of posting pictures of himself on MYSpace drunk. He had no remorse, nor did he demonstrate that he was going to change. At least for the next ten years, the roads will be a just a little safer now.

HILL ABNGKLHHHJVNVNVCNN

SUNDAY FEB.24

HEY FRUSTRATED---HOW CAN I POSSIBLY HURT THE FAMILY WHEN THEY ALREADY KNOW,BUT WANT JOE TO TAKE ALL THE BLAME ---SPEAKING OF IDOTS ,LOOK IN THE MIRROW.

To correct you...Glenn...I don't know why you are speaking of me that way, I did nothing to be mentioned with such sarcasm. So you can cut that real quick. And it disgusts me how you can talk about my family and Andrew in the way you do. There is no respect. But in response..The Athas/Garcia family did NOT supply alcohol a friend came by with a ton of food and drinks (including sodas water..and oddly beer) and once it was noticed by the family they were TAKEN AWAY. The immediate family did NOT allow alcohol drinks to be served. Andrew left the bottle he was thinking of taken at home the night he left, AND even if he did end up supplying the drinks as you say...you know what? Understand this, He is GONE, he recieved his punishment. LEAVE HIM OUT OF IT. You are disgusting. And not that it matters but to give you correct information I didn't even know the two girls to give him either of their numbers I only met them AFTER everything that happened. One of the girls was one of Andrew's bestfriends sisters. And the other was a friend of hers. Whats wrong with having friends????? What does that have to do with ANYTHING ANYWAYS? My brother is DEAD. He is NEVER coming back. I don't understand everyones focus. My brother is GONE I WILL NEVER SEE HIM AGAIN. I will never get to laugh with him, hug him, hear him, smell him, grow old with him, joke with him..I'll never have a life with him again. This is not about who brought what, who said what, who did what after Andrew was killed. The fact is-Andrew was killed. The state of Florida has a guideline sentence of 10.4 to 15 years. Joe recieved the minimum of that sentence. It is the law. It was written before this all happened. He pleaded for a lesser sentence talking about all his guilt and remorse. Obviously the Judge saw something you are not seeing, and gave a setence that needed to be given (And not even all the information we had heard of/witnessed was even mentioned in court!). Maybe Judge Ley saved someone elses life and someone elses family the pain... maybe she saved Joe's own life. He does have a life after all of this, don't tell me 'his life is over' either-the age he will be when he gets out many people are just starting out their life. Let Andrew rest in peace. Its all finally over, let him rest in peace. Have respect. If you don't have anything nice to say I can only suggest you keep it to yourself. I love you Andrew, I can't believe all of this is happening. I wish I could bring you back, I wish I could rewind time for you. I don't know what I am going to do with out you...I can't wrap my head around it all, I still can't believe you are really gone...You are AMAZING and I'm so very sorry that you have to see all of these nasty things happening and being said. But I know you also get to see the great love so many people have for you, and I can only hope to touch the world in such a great way as you have. You are deeply loved, deeply missed, and always thought of. I love you Andrewy.

You go Melissa!! Glenn, you are a jerk. You must be part of the Eagan family. If you know so much, why don't you tell everyone how the Eagan family filmed Andrew's funeral service for their son's own benefit!! What a selfish act. That was their moment to grieve, yet the Eagan's found it necessary to make it all about Joe. STOP complaining about the man who got five years and own up to the fact that Joe killed someone. He broke the law. Andrew didn't. Your meaningless threats to "tell the whole story" are a waste of time and a bit too late. Joe got what was coming to him. As far as the man in Kenneth City, what's worse than killing your "best friend" because of your own selfishness and stupidity? I'll give you 10+ years to think about that one, Glenn!

MELISSA--thank you. DOA & SAD--shut your mouth! GLENN--my son is dead now, keep his name out & please have respect for my son & for my daughter! Joe took away the life of another human being, it was Andrew Garcia. Sadly, Joe never learned his life lesson in the first place. Those of you who sympathize with drunk drivers, you are always unhappy with the law, you only defend their actions for your own selfish acts, hoping that if someday, God forbid, should you ever happen to kill a person to drinking & driving, you would like the assurance to know that you will not be blamed! To Andrew's true friends, thank you for showing your respect towards Andrew's memory & our family, and for stepping up in Andrew's honor. STEVE--I am so sorry for your loss. FRED--thank you! John--Thank you! Thank you to my family, friends, and to everyone who has shown us their compassion and respect for our great loss. There's no comparison to the anguish and pain we carry for the rest of our lives of never having Andrew again. Joe will have a 2nd chance of freedom after prison, but for Andrew that will never be. Andrew, we love you so much, and deeply sorry you are gone. I wish I could talk with you, hug you, and hold you once again, even if it was for a moment in my dream. Andrew, I wish you were back again! We love you forever!

Glenn, to put it short..you suck. You will never know what the Athas/Garcia family went through losing their son. I have a question for you...How would you feel if you lost your son or daughter because of a drunk driver? and to top it off find pictures of the person who was responsible for their death drinking only a few months later? I doubt that you would just let it slide. I believe that he got what he deserved and you are obviously just being an inconsiderate ignorant jerk.

He was also drinking the DAY AFTER Andrew's funeral, even though he had just cried to the family saying he wasnt going to drink again a few days before.

Not even 4 months---One more time---Athas/garcia family furnished the alcohol.You don"t even have the guts to use your name

Adriana I SHURE WOULD NOT BE OUT BOAT.ING,SWIMMINGAND SUCH,AS THEY WERE,AND INVITING JOE TOGO ALONG. IS THAT THE WAY PEOPLE SHOW THEIR SORROW.YOU HAVE NO CLUE AS TO WHAT HAPPENED THAT DREADFUL NIGHT.I ASHURE YOU JOE:S RELATIVES DID NOT GO BOATING THE NEXT DAY AFTER SENTENCING.ONE MORE QUESTION--- WHY DID MRS.ATHAS ASK JOE TO DO THE EULOGY ?

ADRIANA== ANDREWS B.A.C. WAS ALSO OVER THE LIMIT.WHY DID ANDREW NOT WEAR HIS SEAT BELT?
BECAUSE AS MOST OF HIS WILL TELL YOU ,HE SELDOM IF EVER WORE IT ,JOE HAD HIS ON.

ROGER AND ALLYOU KNOW IT ALLS;
LOTS MORE TO COME,MELISSA . ON THE OTHER SITE YOU HAVE A FILTHY MOUTH ,MY WOULDN'T ANDREW BE PROUD OF HIS SISTERS MOUTH.

I'm sorry, what other site??? And if you want to talk about things coming out of people's mouths-I think you should stop trying to say negative things towards our family just to make yourself feel better,. You are obviously only working your self up more. And Glenn again, everything you are saying is just rediculous. I suggest you just stop. You're making yourself look like more of a clueless jerk every time you post something. Do you honestly think that if Andrew had his seat belt on that it would have saved him??? Have you seen the pictures of the car??? It was so horribly smashed in he didn't have a chance. A seat belt was not going to save him the whole side of the car was crushed into the tree. At the speed and angle nothing could have been done to protect Andrew's head from that tree. And wow!! Joe was wearing his seat belt Glenn??? Thats a perfect cause to just forget the whole thing, lets not mind that he was also speeding, drunk, and lost control of his own vehicle KILLING my brother, why didn't you bring that up sooner?? I think everyone can feel much better about the situation now. Thanks Glenn. You are bringing up the most petty things, I don't know what you don't understand about...HE KILLED ANDREW, HE TOOK SOMEONES LIFE! HE HAS TO SERVE TIME FOR THAT! Accept it! Joe is still alive at leaste, be greatful, by the grace of God his life was spared, be happy for that. I'd give the world to have Andrew on that end of things, I'd give anything to just see him.

Glenn...our family did NOT go out boating the next day after the funeral, again you are incorrect. Joe and Andrew's friends along with Andrew's brother invited ONLY me out on the boat. I went along, I wanted to see who Andrew spent his time with, I wanted to imagine what he would laugh at and what he would say at what moments. I wanted to hear the stories they would share about Andrew, I wanted to hold onto anything I could of Andrew. I felt like if I was with his friends maybe I would feel Andrew. It was ONLY me. I obviously did NOT 'furnish' the alcohol. Someone- I don't know who, brought it on the boat, NOT the Athas/Garcia Family. It was Joe's own choice to drink it, no one forced it down his throat. You really need to start getting your information together straight.

Have never seen such a quest of hatred directed against a young man who never intended to cause the accident that took the life of his best friend.I know them both since Tarpon. Both great guys. Andrews' family should be ashamed at how they used the law and the media to show their lack of mercy toward a harsh sentence for Joe. Goes to show how that there are some that will grieve gracefully, and others that grieve disgracefully, and our imprisonment laws do aid the disgraceful grievers in this. I do not believe for a minute that the family forgives Joe, as their actions speak far louder. I think that if the law allowed for the death penalty, they would pursue it with every fiber of their being. Their own bitterness will not heal their grief, but only intensify it. Did someone somewhere say they are Christians?

And for Joe, knowing that he had 30 days to get his affairs in order to begin serving the 10 1/2 year sentence, did not cut and run, taking the high road to China but showed up to accept everything Andrews' vindictive family chose to throw at him. All his friends know that Joe kept any and all negative aspects of video and Andrews' lifestyle hid from his mother, in spite of the upcoming campaign against him. He believed in the wonderful memorial of his friend Andrew, and still does. His drinking after the fact does show an escape from reality type problem, but that is certainly not any reflection of any lack of respect for his friend. As all the information continues to come out,and time moves along it can be decided who has the character to rise above the hand they have been dealt.

Melissa;NO I HAVE NOT SEEN PIX OF THE CAR,INSTEAD I WENT TO F.H.P. IMPOUND LOT AND VIEWED IT FIRST HAND.SEEMS THE LETHAL BLOW WAS TO THE LEFT SIDE OF ANDREWS HEAD,SINCE PEOPLEAND OBJECTS GO FORWARD AND UPWARDI BELIEVE ANDREW HIT THE SUNROOF FRAME,WHICH WOULD NOT HAVE HAPPENED IF HE BUCKLED UP.OF COURSE THAT WAS ALSO JOE'S FAULT AS IT WAS THAT ANDREW WAS IMPAIRED AND JOE FORCED HIMINTO THE CAR.

BILLIE; SEEMS TOU ARE FEMALE THE WAY YOUR NAME IS SPELLED, GREAT JOB,---WARNING----
MELISSA WILL BE BOILING ,THE ATHAS FAMILY CAN'T HANDLE THE TRUTH.

Yah, glenn I'm reallyy boiling over this. Your the one boiling with all your rediculous postings. I am only giving back the correct information. Nothing you are saying amounts to the pain of losing Andrew. But I do think people should know the truth...and since i have to keep correcting you that is why I am posting.

I am aware of the videos, I've seen them, and I'm sorry but Andrew wasn't the only one in those vidoes. And they would have been completely NOT AT ALL relevent to the whole hearing. The reasoning for Joe going to prison was because he killed Andrew.

And you can think whatever you would like to think, a seat belt was not going to protect his head. And again our family is not responsible for Joe's sentencing, go read the laws about DUI Manslaughter. None of us made up Joe's sentencing, that was up to the Judge. That is her job, and she was only doing her job, she came up with a sentencing she found to be appropriate for the situation. She, a third party and completely unattached person from the situation, said something to the effect of 'I see a man who is only scared to go to prison' she didn't see the remorse being claimed.

AND our mom told him in the beginning, at the hospital, infront of many many people...'you have a chance to take this horrible situation and try to find some thing good to come out of it'. He didn't do that. He continued to drink, which okay, he was drinking, okay...if you want to say that doesnt matter (which personally I think the state did think it mattered if the court found it to be neccessary to give him an order NOT to drink or he would arrested)...but okay.

He also told our family he wasnt going to take the keys away from someone else who had been drinking, joe had a chance to speak against drinking and driving and really stress it to the people around him to be safe, but instead he says that??

under his myspace hobbies he wrote in 'not going to jail', is this a situation to joke about? no.

He aggreed to video tape the funeral of him speaking, why? why would anyone think of doing that, I know someone suggested it to him, but he had every right to say no. That was Andrew's day that was not Joe's day. You can say 'well the family let him' do you really think we were in the correct mind set to be thrown something like that? If we had understood what was going on, it would not have been acceptable. Our focus was we lost Andrew, Andrew was all we were thinking about. Joe was asked to speak because we thought it would be good for Joe to get some type of clousure and figuring they were considered to be close it would be something nice to hear. This was all before anyone knew how Joe would be acting later on...These few actions mentioned do not show the remorse you are talking about.

AND even if they did, THE LAW IS THE LAW, IT IS OBVIOUSLY written to stress to people it is not okay to drink and drive. THE FOCUS IS ANDREW WAS KILLED. THAT IS THE WHOLE THING. If every person lived through a crash, it wouldn't be such a huge law. If it didn't matter to the state it wouldn't even be a law. If it wasn't such a huge problem people wouldn't get locked up for so long. There are rules because people die every day, because if there weren't these laws people wouldn't care and more people would do it. If people saw someone getting off everyday they wouldn't care!! I know it is such a huge concept for you to grasp, because I can't wrap my head around it, it is difficult to understand but the focus is someone is dead, that is the focus.

And finally, you can think what you would like to think, our family does not have hatred towards him, the way he acted was hurtful, I know it killed me to imagine what Andrew would think of it. But I was very sad for Joe on sentencing day, I cried for both Joe and Andrew. I wish I had gotten the chance to talk to Joe and even give him a hug or something. But, He is responisble for his actions...he is accountable for that, he is his own person, he may have been slightly influenced by the people around him to give him a different mind set on the situation but either way he is his own person and he is accountable. There is no hatred.

Again it wasn't our choice to give him that sentence, that is not our job, that is up to the state. And i'm sorry but being Christian has nothing to do with the law..if you'd like to pretend it does to make you feel better then thats okay too.

Wow glenn, first off why don't we take a trip back the the second grade. That way you can learn how to spell the word sure (shure) and that "to go" is two different words. Glenn how much of an inconsiderate douche do you have to be, that can't respect the Athas/Garcia family in their loss. Stop posting your bull s*** because no one wants to hear it. Your dumb

SAD I am very sorry I misread your comment going through them fast. Thank you for your sympathy. I am very sorry again. Thank you.

JOHN; I'M DUMB FOR WRITING THIS SO CALLED CRAP. I WONDER WHO'S DUMBER ,THE WRITER OR THE DUMBER READER---YOU JOHN

JOHN; I'M DUMB FOR WRITING THIS SO CALLED CRAP. I WONDER WHO'S DUMBER ,THE WRITER OR THE DUMBER READER---YOU JOHN

There should be no controversy in punishing the guilty. Joe got behind the wheel of that car that night drunk. PERIOD. he drove the car into a tree and it killed andrew. When he started driving that car, he wasn't even half a mile down the road before he slammed into a tree. He was driving WELL over the speed limit on a very small, curvy road. He was driving like a dick and knew it...of course something bad was going to happen. I dont care how many drinks joe had, he didn't even make it half a mile down the road, so that clearly states he had to damn many. It was bad decision made after another after another...so yeah joe needs to be punished. PERIOD. Andrew's gone and thats not going to change. Joe is a grown man, who i knew before the accident as well as after. It's no surprise that something bad happend...good decision's weren't always made. But Joe needs to take responsibility for his actions and he is now. It may not be by his choice, but the state is going to make a man out of him now i guess. Really what's 10 years in prision compared to the years andrew lost. Andrew could have lived to be 90 years old, and that lifetime was taken away. Joe will go to jail and be able to get out and live a life. ATLEAST he has that chance. And if he's smart he'll do something for himself in jail and atleast one positive thing can come out of this tragedy.
It's hard to have a debate on something so personal to so many people. You really need to watch what you say because words can be more hurtful then you think. DOA saying "no loss to me" is just callous and almost soul-less. Do you have a heart i wonder? Andrew was somebody's child, someones brother, someones love and for you to say he's no loss is horrible. I can only pray no one would say that about you if u were to die a horrible and preventable death suddenly but with words like that most people probably will. no loss.
I pray joe can find a place with god and have forgivness eventually. As for andrew's family, I pray they can still stand strong and move on with their lives, and with andrew in their hearts.

JACKIE;APPARENTLY YOU WERE NOT HJS GIRL FRIEND THAT NIGHT

Glenn..your sick, the other two girls they were hanging out with BOTH had boyfriends. People can have friends you know. I think you are running of of information for me to correct.

I think you are running out of information for me to correct. I ment to type.

Melissa; WHY MUST YOU TAKE IT UPON YOURSELF TO ANSWER A REMARK INTENDED FOR JACKIE?

Melissa; WHY MUST YOU TAKE IT UPON YOURSELF TO ANSWER A REMARK INTENDED FOR JACKIE?

AN UNMERCIFUL bunch this athas family. they talk out of both sides of their mouth. sure the judge could have given joe 5 years, and wrapped it up many many months ago, but they pressed the prosecutor to be non negotiable from the git go. Thats 'THE LAW.' In the deposition from david mizelle, he stated that dean athas wanted the max right after the accident, way before there was any halloween party thing. The athas family is only sorry that joe did not get 15 years, so do not believe otherwise. The taste of the medicine of 'no mercy' goes around and comes around.

AS far as Joe being scared to go to prison, as the judge mockingly put it, who in their right mind would not be, when recent events show paraplegics being up ended right on candid camera, one can only imagine how brazen what goes on off camera. Well guess what. Joe showed up. He had 30 days to get the hell out of dodge, but he showed up. So who are the cowards now, that used their own selfishness to work so tirelessly to try to destroy a young mans life, intentionally, I might add. This is not about Andrew, he is in a better place, do you really think he is sorry about missing all this? This is about self pity, and the rage it produces.

MELISSA; YOU MIGHT WANT TO GO BACK AND READ THE LETTER SEAN BERGREN WROTE IN RESPONSE TO YOUR MOTHERS LETTER SENT TO MANY PEOPLE IN HOPES OF TURNING EVERYBODY AGAINST JOE,DID'NT HAPPEN,YOU KNOW MOM'S LETTER ENTITLED --''I JUST WANT TO CRY AND SCREEM AT THE SAME TIME " SEAN WROTE IT LIKE IT IS,NOT FAVORING EITHER SIDE.YOU MIGHT WANT TO REVIEW HIS COMMONT ABOUT ANDREW AND ALCOHOL.NO JOE DID NOT KILL ANDREW ,ALCOHOL DID.

this to me is unbelieveable. I'm taking it glenn and jeff that you are two grown men. really? trying to take jabs at two girls who lost such an important person in their lives because of a drinking and driving accident. The drunk that was driving is being punished. this is the law, and this is no surprise to anyone. if it were you child that died that night, the tables would be turned. I find it interesting you are bold enough to say such things when we are talking about a young mans life taken away. What kind of people are you to really be pissed off the guilty is being punished. Grow up. I guess taking responsibility for your actions isn't something you practice.

i'm completely dumbfounded that people actually think that a man driving a car like a jerk...doing well over the speed limit in a private resort.....on a small road.. at 2 oclock in the morning ...drunk... and happen to kill the passenger SHOULDN'T be punished. someones life was cut short that night but joe shouldn't suffer. right.

and glenn, i was just introducing myself to the conversation. letting you know i'm not just some idiot making comments on a situation i have nothing to do with. thank you for making such a rude comment back and attempting to belittle what i still have to hold on to and i can remember with my boyfriend.

Who said no punishment? 5 years would have been fair enough. But to you is 10 years enough? 15? life? what? Hatred knows no bounds. You cannot honestly answer this question.

There are plenty of judges around who will enable such hatred in the guise of justice thru harsh sentences, which may not seem harsh enough to you even yet. Understandable, that figures. And guess what, Joe SHOWED UP, faced any and all fears which is probably more than can be said for a lot of you. In this horrible tragedy, he has admitted to his part and taken responsibilty, and on top of that never has said anyone negative about his friend, and will always cherish the memories, in spite of what the family designed for him. He just knew a different Andrew, that is all, as did most all of Andrews' friends. Joe was not thinking in proper perspective in accordance with the families wishes, so it would appear, about effects of the halloween party. The only thing he missed about that party was that Andrew was not there and it was his fault, not intentionally, but carelessly so. Judge Ley at the first hearing (Mar. 07), upon first seeing those pictures, with Andrew and Joe featured on top, surmised quickly that she did not believe that Joe meant that to be in any dishonor to his friend but quit the contrary, which is true. It was all spun differently, quite out of context at the final hearing, and the judge was played like a violin, certainly forgetting the former encounter about those pics.Yes Joe got a bad wrap and the honor he has held out for Andrew was so misinterpreted, 5 years would have been enough. And they would have fought over the best costume. Joe just knew a different Andrew. He did not hold him as a baby, nor grow up with him as a little kid, but he enjoyed some of the best times of his life with him in his adult age. They were both highly competitive, even of each other, and they literally thrived on it. Unfortunately they enabled each other, as neither was willing to take away each others keys. It just was not the manly thing to do back then, cannot anyone understand? They had each others back on too many numerous occasions to count, Daytona Beach, here, there and everywhere. One time, within weeks of the accident,at old Chicago, Joe and Andrew had a hot ash contest, which is a macho kind of thing where another party drives a lit cigarette until it burns out, or one gives up, into each ones forearm at the same time. After the third cigarette burned out and no give, it was deemed a stalemate. They two thrived on this sort of thing and were loving it, that was the kind of relationship these two friends had. If one cannot understand it, then what has happened may not make much sense. They both shall take those scars in the arms to the grave. What hurt Joe almost as much as the accident and losing his best friend was the evolving process of Andrews' family slowly turning against him as he tried to sort it all out, and they plotted to try to catch him in his words to use against him at a later date. But he will take his punishment for Andrew, if that is how we are to interpret all this, and no amount of unforgiveness, or suffering will EVER diminish the fondest of memories that he holds for Andrew Garcia, who was his best friend, you all can believe what you want.

People are senseless. How anyone can continue to try and hurt the Athas family and those close to Andrew is beyond me. Isn't the death of a loved one enough pain to bear?

Joe got the minimum sentence for the crime he committed. If the tables were turned, I'm sure Joe's family would be asking for the same. Every family of a drunk driving victim wants to see a lesson learned and punishment served. He took away their baby boy, their big brother, their boyfriend, their friend.

Andrew can never be a husband, a father, can never stand in his sisters wedding, or see her graduate. He can't hug his family or tell anyone he loves them. He didn't have 30 days to get his affairs in order and tell the people he loved everything he wanted to get out.

Joe will see his family again. He will get married. He might even have kids. He'll continue to work, live, drink, and be merry. He will only be in his early 30's when he gets out, IF he serves the full 10 years. I hope some time will allow him to think about what happened.

The Athas family has worked hard the past two years to inform people about drunk driving, and Melissa has been DD for several events for friends of hers. Joe has done nothing to try to create awareness or lessen the occurance of drunk driving.

Bad things happen. Did they plan it to end this way, no. But a life has ended and someone holds that responsibility.

Hatred has all justification. As in the case of Jessica Rasdall,charged with DUI mans.,of her best friend, who has given more speeches against drunk driving than this years political candidates, also has a family with a loss who wants to max her out, and by saying in conjunction that Jessicas' work is contrived, that there is no remorse. Damned if you do, damned if you don't. The justification of hatred is the means to an end, either way.

And in the recent case of the Cooley loss, the 'culprit', Richard Diaz became a paraplegic. Well the fine judge on the case, gave him 10 years anyway, also, and said, 'let the other inmates take care of him'. Judge, you got a lot of heart, no mercy, maybe let's build Auschwitz next. Get tough on crime, reinstate Ms. Jones as CO again with an automatic pay raise, just this time, turn off all the cameras. Let her take care of Richard Diaz. And bring back the stocks, that will really make him suffer. Hatred has no bounds, and is justified in and of itself, no matter what you do.

jeff i think you are misunderstanding the point i'm trying to make. 10 years is a long time, yes i agree, and who am i to say how long he can should be punished for? thats exactly why i havn't. I knew andrew better then i've ever known anyone and i know how many and macho he was. So was joe. I was also there in daytona beach. I knew joe as nothing but a great friend of andrews. I still consider him that. I have no harsh feelings towards joe, i have found forgiveness in him and i pray for him all the time. BUT the fact that people just think that he should not be punished for his crime just because they were friends doesn't help anyone. I have a feeling Joe will only come out of this stronger and hopefully a better man. Andrew is greatly missed by so many people. I'm not going to come back to this page anymore because it is too hurtful and pointless. I've stayed out of everything i possibly could bc of this exact reason and i wish it stayed that way.
i miss andrew more then words can explain and he knows that. I'm sorry this just got out of hand. Whats done is done and theres nothing our words can do to change that.

I am done posting here also.

Jeff... you don't know the prosecutor, nor do you know if the Athas family pressed him/her to be non-negotiable. The State Attorney's Office has a dedicated and selected group of prosecutors who handle these types of cases. DUI Manslaughters are never easy (to prosecute or defend) and there are never any winners. Joe broke the law and the law was upheld by the Judge. Ultimately, it is the Judge that hands down the sentence. All the prosecutor, defense attorney, victim's family, doctors, witnesses, family members, etc. can do is make a recommendation to the Judge. At the end of the day, Joe's fate was in the hands of the Judge who was faced with making a very difficult decision. And no matter what the Judge did, people were going to be upset and complain. That's the nature of these types of cases. What we need to do, as a society, is try to prevent the Joe's and Andrew's of this world from putting themselves in that type of position. When we do that, we will have less GLENN's and Jeff's to complain about how unfair everything is.

I was not going to post anymore, but will try to be brief. Yes, the Athas absolutely wanted the max, and were non negotiable. ABSOLUTELY. As far as complaining about unfairness, if no one did, atrocities would continue unchecked, but I guess you are ok with that, huh ASSA? You keep to your indifference, and I will shout out injustices to the rooftops.

ASA; WRONG AGAIN=== I HAPPEN TO HAVE ACCESS TO JOE'S ATT'Y AND YES THE ATHAS FAMILY WANTED MAX.SENTENCE.--AS FAR AS PROSECUTERS GO THEY LIKE MAX. CONVICTIONS TO HANG ON THEIR OFFICE WHEN OPENING PRIVATE PRACTICE.
THINK NOT THEN GO LOOK AT ALL THEIR ACCOMPLISHMENTS PLASTERED ON OFFICE WALLS.
NO ASA THEY ARE ONLY DEDICATED TO MAKING A NAME FOR THEMSELVES,NOT TO THE STATE

ASA; WRONG AGAIN=== I HAPPEN TO HAVE ACCESS TO JOE'S ATT'Y AND YES THE ATHAS FAMILY WANTED MAX.SENTENCE.--AS FAR AS PROSECUTERS GO THEY LIKE MAX. CONVICTIONS TO HANG ON THEIR OFFICE WHEN OPENING PRIVATE PRACTICE.
THINK NOT THEN GO LOOK AT ALL THEIR ACCOMPLISHMENTS PLASTERED ON OFFICE WALLS.
NO ASA THEY ARE ONLY DEDICATED TO MAKING A NAME FOR THEMSELVES,NOT TO THE STATE

OK GLENN, so now all prosecutors are "only dedicated to making a name for themselves" and are "not dedicated to the State?" This just shows how crazy you are. The majority of these prosecutors work their tails off to make our community a safer place... for everyone, including yourself and Jeff. Oh, and they do it for far less money than they could make in private practice. With you "access" to Joe's attorney, why don't you go see how much money Mr. Tragos made. I bet he made more on this one case than the prosecutor makes all year!! Oh, and by the way, Joe told the prosecutor on the morning of his sentencing that he did a good job... even better than his own attorney. Makes you wonder, doesn't it?

What ever happened in Joe's life or Andrew's life before the night of the crash has nothing to do with Joe killing Andrew. Andrew was my closest friend, and he is not here today because of Joe's actions! The fact remains, and don't get off track now, Joe broke the law, and he did it to himself. My friend, Andrew, has already paid for his mistake getting into Joe's car that night, and he's dead now! The Athas/Garcia family don't have Andrew anymore. At least the Eagan family still have Joe to see and talk to, and they will all have a life with him when Joe comes out of prison, hopefully as a better person. The fact that Joe had 30 days to get his affairs in order and showed up to receive his Sentence, does not make him to be a Brave hero or a Coward. If you guys would have listened in court, Joe was ordered by Judge Ley to appear, and he was also warned that if he did not appear on the day of Sentencing, Judge Ley would ADD AN ADDITIONAL Sentence to the one she was already going to hand down to Joe. You would know this to be true if you were listening in court! If the tables were turned and you would have lost a son, daughter, brother, sister, or a grandson, granddaughter to the hands of a drunk driver, you would feel differently and wouldn't be talking so much garbage. I know for a fact that the Athas/Garcia Family does not hate Joe, and their forgiveness has nothing to do with accountability, nor does it excuse Joe under the law for killing Andrew. Besides the family crying for losing Andrew, they also cried to see Joe going to prison, but you don't want to hear that, do you? Andrew has already paid the price with his life, but some of you idiots out there think Joe should not have consequences of prison time? Give me a break & get a life! There will always be ignorant people like some of you out there that will never understand the laws, or even man enough to take responsibility. Joe Eagan was not the coward, he showed up to court. The only cowards out there are those complaining about the law and are saying hurtful or cruel things about the Athas/Garcia family & Andrew. Thank God we have laws in place for you idiots out there that never want to take responsibility for your actions! The Sentence for Joe was 10.4 years, and nothing that is ever said or done will ever change Joe's Sentence, so you are all talking nonsense in bringing up the past to remove Joe from blame. The Athas/Garcia family still grieves for Andrew, and your hurtful words will never exonerate Joe! IF YOU WERE IN COURT AND WOULD HAVE LISTENED TO WHAT WAS SAID, you TOO would have known and heard Aaron Slavin, the State Attorney, telling the Judge that the Athas/Garcia Family was not looking for the Judge to give him THE MAX OF 15 YEARS! Hopefully in prison Joe will learn the life lesson he never did learn after Andrew's death. Too bad for Joe's grandfather who paid Tragos over $50,000 to keep Joe out of prison! Too bad for all of you morans, Joe's Sentencing was fair!

Jeff---shut up, leave the Athas/Garcia Family alone. You don't know Andrew's family, and you know nothing about the law! As Andrew's friend, it hurts that you are treating Andrew's family this way just to get back at them for Joe going to prison. They did not send him to prison, the Judge did. How can you be so MEAN to a family grieving for the loss of their son? Joe's family has not lost their son, he is only away in prison for another 10 years, he'll be out in his 30's, then you can have another drink with him. It's amazing you're not in prison yet, but at the rate you are going, you may join him someday!

Wow, this is all a lot to comment on, but I find myself needing to express my perspective on this issue. First of all, I think all drinking and driving cases should be handled the same. It should not matter that the defendant knew the victim. It should not carry any weight how well he knew the victim. The fact remains that one man was driving a vehicle that night. One man held the keys to that car, knowing full well that he would have to get himself and his passenger home that night after whatever conspired at the hot tubs. Therefore, it matters not who brought the alcohol that night as both Joe and Andrew were of legal drinking age. No crime was committed as the two sat in the hot tub drinking alcohol. The two men both made choices that night that came with preordained consequences. Joe should have known the punishment if he was going to choose the crime, and the punishment set before he committed the crime was 10-15 years for killing a man. So Joe chose his own punishment that night. Undoubtedly he had been informed in high school or somewhere that if you drink, even one drink, your faculties may become impaired. He surely also had been informed that if his faculties became impaired then driving would become hazardous. He knew these things before he took his first drink of alcohol that night (knowing that he held the keys to the vehicle he owned and drove to the resort that night).
Yes, Andrew made the mistake of getting into the vehicle with an impaired driver, but his choice came with a consequence as well. He paid his price, and there was no leniency on his punishment. And, by the way, his injury was not on top of his head. His injury was a direct result from his head hitting the door frame/tree on the right side of the vehicle. I was there. I saw the injury. No, we can not state with absolute certainty that a seat belt wouldn't have saved his life, but again, I was there. I do not believe a seat belt would have kept his head from hitting the door frame/tree. Regardless, that seems to be a moot point since whether or not Andrew was wearing his seatbelt or not didn't change the fact that Joe decided to have several drinks that night knowing that he brought his vehicle to drive them home in.
Second, Since the punishment was set out before the crime was committed, it doesn't matter whether the Athas/Garcia family wanted harsh punishment or not. The only thing they could have done was to take Joe's side. Sure they could have gotten before the Judge and begged for mercy for the one who drove their son into a tree that night, but why would they do that? I personally talked to the prosecutor on this case, and he made the decision about what to argue. I was the one who called him to inform him of Joe's tasteless MySpace page. I was the one who found it offensive, and I am not even related to anyone in this accident. Can anyone on this page or anywhere else really think that Andrew's grieving mother, step father or sister should have gotten up on a witness stand and begged for leniency for Joe? They didn't do anything to Joe. Joe did it to himself. They just allowed the punishment that, again, was set before Joe decided to drive that vehicle impaired that night, to be carried out.
I do believe justice was served in this case. This was a lesson that I believe Joe's parents and grandparents failed to instill in their son/grandson. When my kids know the punishment for an action before they take that action, and they choose to do it anyway (even if they think they are not going to get caught), then they are willfully choosing the punishment. Joe spit in the face of justice when he said, "I don't care what the punishment is if I get caught, I want to drive my car AND I want to drink. I deserve to have as much fun as anyone else."
I think Jacki made a great point, as well, when she pointed out that you, Glenn, a grown man, a grandfather at that, are acting like a whiny child who didn't get his way. I understand that you are afraid of what the other inmates will inevitably do to your grandson while he is in prison. But does hurting innocent people really make things any better for you? Does acting like a child really get your point across? You have obviously never lost a loved on at the hands of another, and until you do, it seems like you should stop trying to make their pain bigger. It has been said that hurting people hurt people, and so it goes, I guess.

i dont think nobody thougt eagan would get no prison time but i think his family was just hoping he would catch just a litle break like many others. just like the abramowic guy who also hit and ran. 5 years. andrews family was crying about andrew and not eagan after sentence maybe, makes more sence.

To Tracy: Thank you for your courage. You and Dave will forever be our heros for aiding to my son, Andrew Garcia, the night of the crash, for calling me right away when you found Andrew's cell phone, for staying all night at the hospital with us too. We will forever be grateful for the love and compassion you have shown to Andrew and to our family. Today we are honored to have you as our friends.

'Can anyone on this page or anywhere else really think that Andrew's grieving mother, step father or sister should have gotten up on a witness stand and begged for leniency for Joe?' No. That would take mercy. Glad to hear you threw one of the first stones, hope that makes you feel better. And the 10 to 15 is only a state 'guideline', most first time offenders with a consenting(drunk) passenger in a single car accident even in florida who plea get far less. And, by the way, Andrew drove Joes' car into Innis because he had the pass.

Ok, Jeff, but Joe still drove it out. Drunk. I just wonder, Jeff, if you have any children. Have you lost a child. Has your child, the one you carried for nine months, the one you raised through good times like Christmases and birthdays, and the bad times like talking back and illness and vomit to be cleaned off a bed at 2 am...has that child of yours died in your arms? Have you held him as he took his very last breath of life. Did you watch him suck in the very first breath and hold him as he exhaled his last? Have you any idea the extent of that pain? Do you know what it must be like to throw dirt on the coffin which carries the body of your dead child?
You can not even begin to know that pain unless you have been through it. So, I believe the stone throwing began a long time ago when people started telling the Athas family how they should grieve and when it should be over. All you people who think they should have shown mercy by pleading for Joe's lesser sentence have no idea how insulting it must be to think that the person who caused all this pain does not appear to show remorse in the public showings he decided to post. Whether Joe actually is remorseful, and I am sure he is pained every day he wakes up (but that would be because he is actually guilty for causing a man to die), or not isn't the point. Joe may have been advised by his attorney not to take part in the drunk driving presentation that Melissa orchestrated at Tarpon. He was probably also advised not to do many things that would have really shown remorse because it would also have admitted guilt. I think Mr. Tragos did his client a grave disservice by giving him this advise. I am sure his intention was to try to get him off completely, so for that defense, it would be bad to admit guilt. However, to the Athas family, it came across as unremorseful. Apparently the judge saw it that way as well.
I have talked extensively with Mrs. Athas. I know that she felt compassion for Joe in the beginning. I was with her that night, and I know she was concerned for Joe then. No one convinced her otherwise. But her perception (and one's perception is that person's reality, regardless of the offenders true intentions....so to Mrs. Athas, what she perceived was reality to her)was that over time, Joe was only concerned with staying out of jail. Sure he was sorry that Andrew died, but it appeared to them that he was MORE concerned with his own punishment.
Again, I believe that he perhaps received some very bad advise....from his lawyer and his family. I believe that had it been up to Joe, he would have done a lot more to show remorse. But from this vantage point, and from what he actually did, and didn't do, he came across as less than guilt ridden.
So, built upon that reality to them, it was insulting at best, and deeply painful at worst, to see the behavior of Joe. So mercy was in their heart from the beginning, but over time it faded as the pain for their loss grew. We live in a society, and especially you guys there in Florida (I live in Texas, thank GOD!), where no one thinks they should be held accountable for things. Your teenagers get away with degrading themselves and others. Drivers are rude because everyone is out for themselves.
It comes down to Joe did what he did, and he deserved what he got. He will surely be forgiven in Heaven should he ask our Father for forgiveness, but that loving God does not take away earthly consequences. I have made many mistakes that I have been forgiven for by my God, however, I still live with the earthly repercussions for mistakes I made ten or more years ago. I am sorry for Joe, as I do believe he is sorry for what he did. But he should have had some more discretion with his public posts, and I believe he should have disregarding the advise of his well paid attorney.

Not true. Joe tried to coordinate dates to see and work with the family and talk it out but was put off, and put off, and put off way before the halloween thing. He could tell that he was being distanced, and would be, matter what he did, there was no reaching out or satisfying an angry group, just ask Jessica Rasdall. Imagine how he must have felt, on top of the guilt of his responsility of such a tragic accident of his good friend, in having that family hate him so. He never drove having any drink again, but all of that may have helped drive him to drinking just a little bit. He will be locked up for a long time now, so you all can go ahead on, knowing that the roads and society is much safer now. Enjoy.

I do feel safer knowing that the roads will have one less drunk driver. I also feel safer knowing that Joseph won't be able to buy any more illegal firearms and discard them in a dumpster behind Publix. What a great idea that was.

I NOTICE NONE OF YOU GUTLESS WONDERS COMMENT
ON THE LETTER ROSE SENT OUT TO MANY PEOPLE TO TRY TO PERSUEDE THEM TO TAKE SIDES W/HER.
NEITHER DID YOU MENTION SEAN'S LETTER TO HER. HE TOLD IT LIKE IT IS.LET'S SEE YOU TRY TOSHOOT HIS LETTER DOWN.

NOT WEARING A SEAT BELT ,ALSO VIOLATES FLA. LAW ,AS DOES GIVING ALCOHOL PRODUCTS TO MINORS . ALSO TRACY JOE DID NOT DRIVE THE CAR INTO INNISBROOK, SO LET'S HEAR YOU PROVE HE DROVE AT ALL.JOE WAS OUT OF THE VEHICLE
BEFORE ANYONE ARRIVEDINCLUDING YOU KNOW WHO.

Yall should just stop! what we got here is families and supporters going at each other, and the two kids are gone, incommunicado. One passed away, one locked away, they not even involve in this. let it rest!

If Joe wasn't driving the car, why would he plead guilty to the crime of DUI Manslaughter? You make less and less sense with each post of yours, GLENN. Are you so petty and narrow-minded that you are going to comment on whether a deceased victim was wearing his seatbelt! Man, you are pathetic. You are going to give yourself a heart attack....like you almost did in court. Own up to the fact that your grandson made a poor choice that evening and will now be held accountable for that decision. You should be happy that you can go visit him in prison, write him letters, talk to him on the phone, etc. He just as easily could have died for his poor decision that evening.

I believe everyone lost when this car accident happen, yes one life was lost, and another locked up, I believe there has been enough pain on both sides, I think everyone should just think of the two families, and pray for them, and stop all this non-sense. As for the grandfather Glenn, I also have grandkids, and I love them with all my heart, but if one of them took a life because of neglegence, I wouldn't be throwing stones, I would just pray for my grandson, visit him every opportunity I have, and pray that when he gets out, he would have learn from his mistake, and go on with life. That he would fine someone to Love, and Live, and be happy after all this. I pray that our Lord in Heaven can give both families the strength to forgive each other, and live life with honor, and not dishonor. I was Andrews Aunt, and I too will miss him. I also understand the lost of Joe's family, it's never easy to face up to what they have to deal with now. I pray the two families can put this behind them, and go on trying to live a life that will make a difference.

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