Almost seven years after a traffic accident killed a fourth grader, the driver who caused the crash was sentenced to 30 years in prison. Why did the case take so long to weave through the court system, and will the punishment set a new precedent?

A Tragic Accident

On Sept. 15, 2016, the Scherer family was traveling on Interstate 75 near Brooksville, Florida, when they encountered a traffic jam and came to a stop. The family of four included Brooke and Jordan Scherer and their children, Logan and Mallory.

At the same time, Gregory Andriotis was on Interstate 75 approaching the family’s SUV. Andriotis was not paying attention to the road and didn’t notice the sudden stop in traffic, according to Tampa Bay Times reporting. His car slammed into the back of the Scherer’s SUV.

Three of the family members were seriously injured, and 9-year-old Logan was killed by the impact.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

Family Pushes for More Accountability

While the three surviving family members recovered from their injuries, Andriotis was given his punishment for causing the accident that left three family members in the hospital and one dead.

Andriotis was given a fine and one-year license suspension.

The Scherers were not satisfied. They began pushing prosecutors to file stiffer criminal charges, and they launched a nonprofit, Living for Logan, to lobby legislators to pass tougher laws governing cell phone use while behind the wheel. The family’s work took time but led to a change in the prosecutor’s approach to the case.

In March 2018, almost two years after the accident, Andriotis was arrested on a vehicular homicide charge and three counts of reckless driving resulting in serious injury.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

The Case Against the Driver

Andriotis was criminally charged, and the case would eventually go to trial almost seven years after the accident. During the trial, a jury heard evidence about Andriotis’ phone usage in the time leading up to the crash.

An expert analysis of Andriotis’ phone usage 30 minutes before the crash showed a high level of activity. Andriotis had searched for and downloaded the Excel application. While he was driving 80 mph, he used his phone apps. He would later say the last thing he did before the accident was open the Excel app.

Other evidence presented at trial showed that Andriotis didn’t break or try to swerve to avoid the accident. The car’s computer indicated that the vehicle accelerated before the crash. Witnesses said they saw no brake lights before the impact.

The jury found Andriotis guilty of vehicular homicide and three counts of reckless driving resulting in serious injury. Assistant State Attorney Lori Ellingsworth asked the judge for the maximum sentence for the charges, and he got it.

The judge sentenced Andriotis to 30 years in prison — fifteen years for Logan’s death and another five years for each of the reckless driving charges.

Related: Should Bayshore Driver Get a Sentence Reduction After Deadly Crash?

Vehicular Homicide & Distracted Driving

Vehicular homicide is defined in Florida Statute Section 782.071 as “the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.”

In Florida, it is against the law to type into a phone while driving. The law, known as the “Florida Ban on Texting While Driving Law,” is defined in Florida Statute 316.305. It says, “A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.” The statute also gives permission to law enforcement to review the wireless data of a driver if they are involved in a crash resulting in death or personal injury.

The Scherers’ case is one of the first prosecuted involving a fatality under Florida’s texting and driving laws. The outcome may set precedent for future cases involving deaths that are a result of distracted driving through the use of mobile devices.

While Andriotis has been found guilty in criminal court, he could still face consequences in civil court. Cases of vehicular manslaughter can also lead to civil personal injury or wrongful death lawsuits.

Related: What To Do After a Car Accident That’s Not Your Fault 

Protect Yourself and Your Loved Ones

Around two million car accidents happen per year. If you or a loved one are involved in a car accident, make sure you speak to an attorney right away. Protect your rights and get justice if you are injured due to the negligence of another party. Talk to a personal injury attorney who can guide you through the legal process and lead to the best possible outcome.

Start your free case review today. Contact attorney TJ Grimaldi to discuss the details of a recent accident. Request an appointment or call 813-226-1023.

It was supposed to be a typical workday for Nguyet Le, the acting manager of an Arby’s in Louisiana. But the day would end in tragedy after Le found herself stuck in the restaurant’s walk-in cooler. Le was unable to escape and ultimately died from exposure.

Now her family is seeking justice? Who are they suing, and what damages do they seek?

What Led to a Woman’s Death in an Arby’s?

Nguyet Le, 63, lived and worked in Houston, Texas, where she was a general manager at an Arby’s. Four weeks before her death, her work brought her to New Iberia, Louisiana. The franchise’s corporate office asked Le if she’d assist at an Arby’s in New Iberia for a few weeks.

On May 11, Le was working as the acting manager of the restaurant. She was close to the end of her assignment and was supposed to soon return to her role at the Houston location, but then tragedy struck.

Le was alone in the restaurant and went into the walk-in cooler. The door shut and locked her inside. Company policy keeps the walk-in cooler set at -10 degrees. Police reports say Le bloodied her hands beating on the door, and preliminary findings from the Iberia Parish Coroner’s Office say she died of hypothermia, as reported by FOX59.

Related: Steps to Take After a Workplace Accident

Who Is the Family Suing?

Le’s family hired Paul Skrabanek, an attorney based in Houston, and they have filed suit against three companies associated with Arby’s.

According to CBS News reporting, the New Iberia Arby’s location is not owned by Arby’s corporate. It is operated by Turbo Restaurants, a part of a franchise management company Sun Holdings. The family is suing Turbo Restaurants, Sun Holdings, and Inspire Brands, the parent company of Arby’s.

The family says gross negligence led to Le’s death.

Related: How Do You Sue for Wrongful Death? 

Why Does the Family Say Arby’s and Others Are At Fault?

The lawsuit alleges that it was known that the cooler latch was not working properly and it was ignored by management. A former employee said the latch had been broken since August 2022. The lawsuit also alleges that someone from the corporate office had been in the restaurant between the time the latch broke and Le’s death and saw the broken latch.

The former employee also said employees were using a screwdriver to help open and close the latch to the cooler and that they were often using a container of oil to prop open the door to prevent it from closing.

The family says the corporations are liable for Le’s death, and they are seeking over $1,000,000 in damages. The lawsuits say they cannot reliably state a maximum amount of damages at this time since they are in the discovery phase of the lawsuit.

Related: Examples of Wrongful Death Cases Worth Fighting For

Does the Family Have a Case?

The family’s lawsuit was filed in Harris County, Texas, and will abide by Texas law. It references both wrongful death and worker’s compensation laws in Texas.

The family will likely have to prove two things to win their case.

1. The family must prove the companies’ negligence or maliciousness led to Le’s death. The lawsuit lists the reasons why they believe the companies are at fault. It says they:

• Failed to have the freezer at the subject location repaired
• Failed to properly supervise its franchise location
• Failed to provide proper training regarding the franchise location
• Had knowledge of the broken freezer at the subject location but failed to take any action to remedy that problem

2. The family must prove the incident led to physical, emotional, or financial damages. The lawsuit lists the losses for the family as:

• Loss of consortium
• Past and future mental anguish
• Conscious pain and suffering
• Loss of support
• Loss of love and affection

The family is seeking a jury trial and will have to make their case for seeking justice for Le.

Related: How to Prove Fault in Personal Injury Case

Get Justice for Yourself or a Loved One

If you or a loved one have been harmed by the negligence of another person or company, you deserve justice. Contact a personal injury attorney or wrongful death attorney as soon as possible to discuss the details of your case.

Get the justice you deserve. Schedule a call with TJ Grimaldi to review your case and see how our team can help you get what is owed to you. Contact our office or call 813-226-1023.

It seemed like a wife was trying to turn a bad situation into something good. But shortly after a mother wrote a children’s book to help her children grieve their father’s death, authorities arrested her for his murder.

What led to charges against the mother, and what consequences does she face?

A Father of Three Found Dead

Early in the morning on March 4, 2022, authorities were called to the home of Kouri Darden Richins, her husband of nine years Eric Richins, and their three children aged six through ten.

According to reporting by USA Today, Kouri Darden Richins called 911 because she found her husband unresponsive on the floor of their home in Kamas, a small mountain town in Summit County, Utah. She told authorities she made her husband a celebratory drink before bed. They were celebrating the closing of an investment property. She said she then went to sleep in a child’s room who was afraid that night. When she went into her bedroom around 3 a.m., she found her husband on the floor.

Eric Richins was dead. A medical examiner said the cause of death was a fentanyl overdose. The father of three had nearly five times the lethal dosage of fentanyl in his system.

Related: Get Good Legal Representation by Asking This One Question

What Happened After the Father’s Death?

No immediate charges were filed in the case.

Kouri Darden Richins appeared to continue on with her life. The day after her husband’s death, she signed closing papers on the investment property she said they had planned to buy.

Later, she wrote and published a children’s book about grief. “Are You With Me?” is about a boy who questions whether his father is with him when he is emotional or celebrating a special occasion.

In April 2023, Kouri Darden Richins appeared on Good Things Utah to promote the book which was for sale on Amazon. She said she began researching “to try and understand not only how to grieve as a widow, as a wife, but also with my kids, how to help them, how to help them understand what just happened.”

One month after the appearance on the show, charges were filed in the case. Kouri Darden Richins was charged with her husband’s murder.

Why Was the Wife Charged?

More than a year after Eric Richins’ death, his wife was charged with felony first-degree aggravated murder and three counts of drug possession with intent to distribute, a second-degree felony.

Authorities believe Kouri Darden Richins purchased fentanyl and added a lethal dose to the before-bed drink she gave to her husband, causing his death.

Investigators found inconsistencies in Kouri Darden Richins’ story, and details about her financial situation led them to believe she is responsible for her husband’s death.

• On the night of her husband’s death, Kouri Darden Richins said she left her phone in her bedroom. An investigation found that her phone had been locked and unlocked several times and had movement during the time she said she wasn’t near it.
• Court documents revealed that Kouri Richins had an outstanding state and federal tax liability of $189,840, owed a hard money lender at least $1,847,760, and owed her husband $514,346.
• Kouri Darden Richins took out almost $2 million in life insurance policies on her husband without his knowledge, according to reporting by KSLTV, an NBC affiliate.
• The couple had been arguing over purchasing a $2 million property that Kouri Darden Richins wanted to flip. Eric Richins had told family members he wasn’t going to sign the closing papers. His wife closed on the house the day after his death.
• In October 2022, Eric Richins consulted a divorce lawyer and an estate planning lawyer without his wife’s knowledge. He changed his will and placed his estate under the control of his sister for the benefit of his three children.

The details led to the arrest of Kouri Darden Richins.

Related: How to File for Divorce in Florida

What Consequences Does the Wife Face?

Kouri Darden Richins faces multiple charges in the state of Utah.

She faces a felony first-degree aggravated murder charge. In Utah, the punishment for the charge is life in prison and up to $10,000 in fines.

Kouri Darden Richins also faces three counts of drug possession with intent to distribute. The charges are a second-degree felony with a possible punishment of one to 15 years in prison and up to $10,000 in fines.

Kouri Darden Richins’ next hearing is scheduled for June 12, 2023.

Get Legal Advice You Can Trust

If you or a loved one are involved with a civil or criminal legal matter, you need a trusted attorney by your side. When navigating the legal system, you need an attorney who can work for your best interest and lead your case toward the best possible outcome.

Do you have a case to review? Request a free consultation with attorney TJ Grimaldi today. Contact our office or call 813-226-1023.

An ordinary night out ended in tragedy when a University of Tampa student tried to get into the wrong car and ended up fatally wounded by a gunshot.

What happened, and why was the shooter not charged in this deadly incident?

What Happened That Night?

On a Saturday night in September 2022, 19-year-old University of Tampa student Carson Senfield went out with friends in the popular nightlife district on South Howard Avenue in Tampa, Florida. He was celebrating his birthday.

When he was ready to go home, Senfield got into an Uber to take him to his house on the 1000 block of West Arch Street. According to reporting by the Tampa Bay Times, he got out of the Uber but never made it into the house.

At around 1:20 a.m., instead of going inside, Senfield tried to get into a car.

An attorney for Senfield’s family says they believe he thought the car was an Uber. They think Senfield couldn’t find his keys, so he called an Uber to take him back to the bar to meet his roommates. But the car wasn’t an Uber.

When Senfield opened the door and attempted to get in the backseat, the driver of the car turned and shot him.

Senfield died from his injuries.

What Do We Know About the Shooter?

The identity of the driver hasn’t been publicly released. Public reports redacted the shooter’s name, citing Marsy’s Law. Marsy’s Law refers to Florida Statutes that are typically used to protect the rights of victims of a crime.

What has been publicly shared about the shooter is their account of the incident and what the state plans to do about it.

The owner of the car said they were afraid when Senfield opened the door and tried to get in. The driver said they didn’t know Senfield or why he was trying to get into the car, and they feared for their life which is why they opened fire.

Hillsborough State Attorney Susan Lopez decided not to file charges against the shooter.

Case Shows Similarities to Other Recent Shootings

News about the state’s decision not to file charges came out shortly after a string of four other seemingly innocent actions led to shootings across the United States.

A car pulling in the wrong driveway, a kid’s basketball rolling in the wrong driveway, a teen knocking on the wrong door, and most similarly, a cheerleader getting into the wrong car all resulted in shots fired — and charges filed.

In each of those cases, the shooters were charged with crimes.

So, what was different in this case?

Related: Will Man Go to Jail for Shooting a Teen Who Knocked on His Door?

Why Weren’t Charges Filed?

On December 27, 2022, Hillsborough State Attorney Susan Lopez sent a letter to interim Tampa police Chief Lee Bercaw indicating that the state would not file charges against the shooter.

The letter, obtained by the Tampa Bay Times, said, “A review of the facts gathered during the investigation and applicable law compels the conclusion that [redacted] use of deadly force against Carson Senfield was justified pursuant to Florida Statute 776.012(2).”

Florida Statute 776.012 is often referred to as “stand your ground” laws.

What Are “Stand Your Ground” Laws

Florida law says, “A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.”

Stand your ground laws say a person in Florida does not have a duty to retreat if they feel their life is in danger. An individual can use deadly force without first trying to get away.

Stand your ground laws can be used as a self-defense defense. If a person is charged with homicide, they can attempt to prove that they felt their life was in danger when they took action that led to the death of another person.

Stand your ground laws can also be used to stop charges from being made. In this case, the State Attorney declined to file charges because they believed the driver was justified in shooting Senfield pursuant to stand your ground laws.

Related: Will “Stand Your Ground” Get Former FSU Receiver Travis Rudolph Out of Murder Charges?

Talk to a Trusted Attorney

If you or a loved one are navigating the complexities of the legal system, work with a trusted attorney who can guide you through the process. Find an attorney who will fight for your best interest and work to get you the best possible outcome for your case. Talk to a trusted attorney today. Call 813-226-1023 or request your consultation with TJ Grimaldi.

Supporting Victims of Gun Violence

TJ Grimaldi is Executive Director and Board Member of The Oulson Family Foundation, a non-profit created to help kids get the resources they need in the wake of being impacted by gun violence. Learn more about The Oulson Family Foundation and see how you can help support children impacted by gun violence.

In less than two weeks, four innocent mistakes lead to gun violence. The four shootings, involving mostly young people as the victims, were triggered by seemingly harmless interactions that the shooters perceived as dangerous threats.

What do laws say about the right to protect yourself, and which shooters will be charged for their actions?

Four Mistakes Lead to Four Shootings

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Teen Shot After Ringing the Wrong Doorbell

Last week, this blog covered the story of Raphael Yarl. Yarl, a 16-year-old living in Kansas City Missouri, was told by his mother to pick up his siblings at a friend’s house. Yarl mixed up the address and went to the wrong house. Around 10 p.m., he rang the doorbell and was shot by 84-year-old Andrew D. Lester.

Yarl was shot once in the head and once in the arm. He survived his injuries.

Two Teen Girls Shot After Getting Into the Wrong Car

In the same week, two teenage girls were in a grocery store parking garage in Elgin, a town about 25 miles northeast of Austin, Texas. Per reporting, the two girls were on their way home from cheerleading practice. They typically parked in the garage and carpooled to practice. It was around 12:15 a.m. when one of the girls tried to get into the wrong car, mistaking it for her own. She opened the driver’s door and saw a man sitting in the passenger seat. She got out and back into her friend’s car when the man, 25-year-old Pedro Tello Rodriguez Jr., approached the vehicle and fired shots.

The female driving the car was critically injured.

Six-Year-Old and Father Shot After Basketball Rolls into the Wrong Yard

Authorities are still investigating what happened in Gastonia, a town west of Charlotte, North Carolina. According to reports, children were outside playing when their basketball rolled into the yard where 24-year-old Robert Louis Singletary was living. Singletary came out of the house and yelled at the kids. The father of a 6-year-old girl playing outside approached the house and said something to Singletary. Singletary then walked into the house and came back out with a gun and fired shots, hitting the man and his daughter.

The girl had a bullet fragment in her cheek and was released from the hospital. Her father was hospitalized with serious injuries.

20-Year-Old Killed After Pulling Into the Wrong Driveway

During the same week, Kaylin Gillis was a passenger in a vehicle with three friends who were driving around a rural area of upstate New York trying to find a friend’s house. Per reporting, Gillis’ friend pulled into a long driveway mistaking it for their friend’s house. The homeowner, 65-year-old Kevin Monahan fired two shots at the car from the porch.

Gillis was shot and pronounced dead shortly after the incident.

Were the Shooters Charged?

Each of the incidents is reported to have stemmed from innocent mistakes. The victims appear to have not meant any harm to the shooter.

But if the shooters felt in danger, are their actions warranted?

Currently, each of the shooters face charges for their actions.

• Lester was charged with first-degree assault and armed criminal action for shooting the teen at his door.
• Rodriguez was charged with deadly conduct, a third-degree felony in Texas, for shooting at the two teenage cheerleaders.
• Singletary was charged with attempted first-degree murder, assault with a deadly weapon, and possession of a firearm for shooting at the six-year-old and her father.
• Monahan was charged with second-degree murder for shooting and killing the passenger of the vehicle turning around in his yard.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

How Will the Shooters Defend Their Case?

The four shootings occurred in different states and will follow the laws of the states where the incidents occurred. Each state has unique laws as they relate to self-defense.

Three of the states — Missouri, Texas, and North Carolina — have “stand your ground” laws that say an individual has no duty to retreat from a hostile situation before using deadly force if they feel their life or the life of another is in danger.

New York has laws that require a “duty to retreat.” The law says individuals that have an opportunity to retreat should do so before using deadly force.

Lester and Monahan have pleaded not guilty to their charges. It’s not clear whether Singletary or Rodriguez have entered their plea.

If any of the shooters claim self-defense, they will have to prove that they felt their life was in danger when they fired the shots. 

Monahan, who fired at a car from his porch and in New York state with no stand your ground laws, will likely have the most difficult case to prove self-defense. The other cases in states with stand your ground laws may have a stronger defense, but the defendants will have to prove they feared for their life, which may be difficult considering the situation of each case.

If you have questions about a pending criminal case, schedule a call with TJ Grimaldi. Request your consultation or call 813-226-1023.

Supporting Children Impacting by Gun Violence

TJ Grimaldi works to fight for children impacted by gun violence. Grimaldi is the Executive Director and Board Member of The Oulson Family Foundation, a non-profit created to honor the life and legacy of Chad Oulson, whose life ended in a senseless act of gun violence.

Grimaldi works to help kids get the resources they need in the wake of being impacted by gun violence. Learn more about The Oulson Family Foundation and see how you can help support children impacted by gun violence.