According to the Lakeland Ledger, Saturday, May 24, 2009, Elbert Benjamin Brinson struck J. Jesus Sandoval-Zapien's minivan while fleeing from Polk deputies. Zapien, of Haines City, Florida was killed at the scene while Brinson was treated for minor injuries and then taken to the Polk County jail.
Zapien was a construction worker, native of Guanajuato, Mexico. Zapien had three sons and a wife, and had lived in Haines City, FL with his family for seven years. The family planned to take his body out to Guanajuato for burial. Donations were collected at St. Ann Catholic Church in Haines City, Florida.
Brinson already had several warrants out for his arrest in Orange County, FL. He was charged Saturday at the Polk County jail with burglary, resisting an officer without violence, giving a false name, and fleeing to elude.
Gary Hester stated Saturday, the day of the accident, that deputies were not following Brinson at the time of the crash, but instead a helicopter crew equipped with night goggles was following Brinson.
Around 3 a.m. a shooting was reported in Bartow, FL and deputies started to follow Brinson. When the deputies attempted to pull over Brinson, he sped away.
All deputies between Bartow, FL and Eagle Lake, FL were called off their pursuit. The Polk County Sheriff's Office helicopter followed Brinson from above. The crew did not see the crash, although they saw Brinson run and he was found inside a shed about 4 a.m.
Later it was reported Brinson was not involved in the Bartow, FL shooting.
His Orange County, FL arrest warrant lists charges such as, aggravated battery with a deadly weapon, burglary, tampering with a witness, criminal mischief, and petty theft.
On Sunday, Brinson was charged with vehicular homicide, hit-and-run with a death, and driving with a suspended license causing death.
Deputies told the judge, Reinaldo Ojeda, that Brinson drove at speeds they estimated at up to 150 mph. Brinson stood in front of Judge Reinaldo Ojeda as he ordered that Brinson be held without bond after the chase and head on collision that killed Zapien.
In my personal injury practice in Polk County, FL, I have represented numerous victims who suffer severe and permanent injuries as a result of negligent driving. Here, it appears that Brinson's actions were more than negligent. Rather, his actions rise to the level of reckless disregard for human life. My heart goes out to Jesus Sandoval-Zapien's beloved family and friends.
