In Loving Memory of David Pierce

Family sues contractor for hit and run

Last Edited: Friday, 25 Jan 2008, 5:51 PM EST

Created: Friday, 25 Jan 2008, 5:51 PM EST

David Pierce died in a hit and run

ST. PETERSBURG - On the night of his 12^th birthday, David Pierce died in a hit and run. That was six months ago.

At a press conference Friday morning, his mother, Marie Ashford sat holding back the tears. "He's gone and he doesn't have to be," she said.

St Petersburg Police say David was walking home from Wal-Mart that Sunday night in July. He and a friend came to some sidewalk construction along 34^th Street South. They stepped onto the street to get around it. In a flash, a car hit them both.

His friend was critically injured. David was worse. Family attorney, Greg Perenich said, "The trauma team tried to revive him. He died 32 minutes after the crash."

David family announced they are suing the general contractor and every subcontractor working on that site.

"We are here today because nothing like this should ever happen," Perenich said, "If contractors are going to be licensed in the state, they should follow the codes."

Attorney Perenich says the crew completely barricaded the sidewalk, left no other alternative for the two youngsters to take than the street, despite warnings from the state.

Three days before the tragic accident, a Florida Department of Transportation chief inspector was out inspecting the site. He noted in his July 20, 2007 report how dangerous the sidewalk blocking was and noted he told Icely Construction owner Bill Icely he needed to do something about it. He said state codes required him to create an alternate route for sidewalk traffic. The results could be deadly, he said.

According to the lawsuit filed Friday, Icely Construction did nothing.

To block a sidewalk completely, Perenich said, required a permit. He says they should have created another way to safely get around the construction.

"Mr. Icely contended it would be too much work -- his words -- to do something like that," said Perenich.

The suit they say is a message to all contractors.

"It's senseless," Marie told FOX 13, "If they would have just followed the rules then my kid would still be here."

Icely Construction owner Bill Icely said he had no comment about the lawsuit. The other three subcontractors named in the suit could not be reached for comment.

Jeffery Montgomery pleaded guilty in court to leaving the scene of an accident involving death. He was sentenced to three years in jail. The suit does not name him. Attorney Perenich says Montgomery has already accepted responsibility for the hit and run.

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Contractor scrutinized in fatal hit-run
[SOUTH PINELLAS Edition]



St. Petersburg Times - St. Petersburg, Fla.
Author:	ABHI RAGHUNATHAN
Date:	Jul 26, 2006
Start Page:	3.B
Text Word Count:	364



Document Text



*Copyright Times Publishing Co. Jul 26, 2006* State officials are examining whether a private subcontractor improperly blocked off a public sidewalk, forcing a boy who died in a hit and run accident to walk in the street Sunday. Greg Jones, chief of civil litigation for the state Transportation Department, said he was starting an inquiry into the blocked sidewalk. Jones said he was not launching a formal investigation, but had instead been asked to look into the matter. "Permitting is very complex and depends on a lot of factors," Jones said. "I'm making some phone calls, some inquiries, to find out what happened." Department spokeswoman Marian Scorza said Monday the state generally requires contractors to ask for permission before they block off public roads. Scorza said no one asked the department to block that section of 34th Street. Jones said he could not discuss Transportation Department procedures for blocking sidewalks or any possible penalties because he had just begun his inquiry. David Pierce died on his 12th birthday Sunday night after walking around the blocked sidewalk near the intersection of 34th Street S and 42nd Avenue S. His friend, 16-year-old Samantha Murray, was seriously injured. The driver of the vehicle that slammed into them didn't stop. On Monday, St. Petersburg police arrested Jeffrey Todd Montgomery, 35, saying he was the driver of the Chevrolet Blazer that hit the two pedestrians. Bill Icely, the contractor on the construction project at the intersection, said a subcontractor, R.J. Longboat and Sons of St. Petersburg, had blocked off the sidewalk to dig to a sewer connection without telling him. R.J. Longboat and Sons did not respond to several messages seeking comment. Connie Garriques-Sang, an investigator with the Pinellas County Construction Licensing Board, said R.J. Longboat was not registered as a contractor with county authorities. If a contractor just excavated, or dug into the ground, she said, it would not have to be registered. But a contractor that makes the hookup to a sewer connection would have to register with her agency, she said. Garriques-Sang said a company that doesn't register could be fined or subject to prosecution. Last year, she said more than 500 contractors were fined. Times researcher Carolyn Edds contributed to this report. Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission.



Abstract (Document Summary)



Bill Icely, the contractor on the construction project at the intersection, said a subcontractor, R.J. Longboat and Sons of St. Petersburg, had blocked off the sidewalk to dig to a sewer connection without telling him. Connie Garriques-Sang, an investigator with the Pinellas County Construction Licensing Board, said R.J. Longboat was not registered as a contractor with county authorities. If a contractor just excavated, or dug into the ground, she said, it would not have to be registered. But a contractor that makes the hookup to a sewer connection would have to register with her agency, she said.

Man held in fatal hit-run on boy's 12th birthday

[LATE TAMPA Edition]

St. Petersburg Times - St. Petersburg, Fla.

Author:

ABHI RAGHUNATHAN

Date:

Jul 25, 2006

Start Page:

3.B

Section:

TAMPA / STATE

Text Word Count:

483

Document Text

Copyright Times Publishing Co. Jul 25, 2006

David Pierce's 12th birthday Sunday was his last.

After a pool party, Pierce's mother dropped him and a 16-year- old friend at the Wal-Mart Supercenter a mile from her motel room. She told them to buy a present, then walk back.

Halfway home, about 9:40 p.m., the two kids approached a stretch of sidewalk along 34th Street S near 42nd Avenue that a contractor had blocked without state permission. They stepped around it into the dark street.

After a sport utility vehicle slammed into David and his friend, the driver didn't stop. He and a his passenger had been partying at the Suncoast Resort, police said.

David's friend, Samantha Murray, was seriously injured. David died at a hospital.

On Monday, St. Petersburg police arrested Jeffrey Todd Montgomery, 35, on a charge of leaving the scene of a crash with a fatality and a charge of leaving the scene of a crash with bodily injuries.

David was a kid who was "older than his time," relatives said. He made the honor roll most semesters despite a tumultuous upbringing.

"He was smart as a whip," said Donald Ashford, 50, his grandfather. "He was a fantastic kid and an ace at school."

To get back to the motel, David and Samantha walked by an International House of Pancakes being built at 34th Street S and 42nd Avenue. A contractor had blocked off the west sidewalk of 34th Street because workers were digging 12 feet deep to access a sewer connection.

Bill Icely, a contractor with Icely Construction, said his company oversaw the work at the building. He said a subcontractor, R.J. Longboat and Sons, didn't tell him the sidewalk would be blocked and that he wouldn't have allowed that.

Police said the stretch of road where the incident occurred was dark. The street lights did not appear to be working.

Around the time Pierce and his friend were celebrating Pierce's birthday and heading to Wal-Mart, Montgomery was hanging out at the Suncoast Resort, a popular gay club and shopping center. Later, he drove home in his father's white 1996 Chevrolet Blazer.

Police say the passenger was drunk and doesn't remember much about the drive home.

They were driving south on 34th Street when they struck Pierce and Murray, police said. Montgomery didn't stop. Instead, he parked the SUV - which was banged up by the accident and missing a side- view mirror - around the 1100 block of 34th Avenue N.

On Monday morning, a neighbor who heard news reports about a hit- and-run called police. Montgomery's passenger also called.

After inspecting the Blazer and talking to the passenger and employees at the resort, police arrested Montgomery on Monday afternoon.

Pierce's relatives say they're happy police caught the driver.

"I'm very pleased," said his grandfather, Donald Ashford. "But before I celebrate, I want to see how the justice system does."

[Illustration]

Photo: PHOTO, CHERIE DIEZ, (2); PHOTO

Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission.

Abstract (Document Summary)

To get back to the motel, [David Pierce] and [Samantha Murray] walked by an International House of Pancakes being built at 34th Street S and 42nd Avenue. A contractor had blocked off the west sidewalk of 34th Street because workers were digging 12 feet deep to access a sewer connection.

Around the time Pierce and his friend were celebrating Pierce's birthday and heading to Wal-Mart, [Jeffrey Todd Montgomery] was hanging out at the Suncoast Resort, a popular gay club and shopping center. Later, he drove home in his father's white 1996 Chevrolet Blazer.

Man held in fatal hit-run on boy's 12th birthday

[SOUTH PINELLAS Edition]

St. Petersburg Times - St. Petersburg, Fla.

Author:

ABHI RAGHUNATHAN

Date:

Jul 25, 2006

Start Page:

1.B

Text Word Count:

916

Document Text

Copyright Times Publishing Co. Jul 25, 2006

David Pierce's 12th birthday Sunday was his last.

After a pool party, Pierce's mother dropped him and a 16-year- old friend at the Wal-Mart Supercenter a mile away from her motel room. She told them to buy a present, then walk back.

Halfway home, at about 9:40 p.m., the two kids approached a stretch of sidewalk along 34th Street S near 42nd Avenue that a contractor had blocked without state permission. They stepped around it into the dark street.

After a sport utility vehicle slammed into David and his friend, the driver didn't stop. He and a his passenger had been partying at the Suncoast Resort, police said.

David's friend, Samantha Murray, was seriously injured. David died at a hospital.

Some details of David's last hours remain unclear; police were still investigating. But it seems he died because of a terrible convergence of other people's mistakes.

David was a kid who was "older than his time," relatives said. He made the honor roll most semesters despite a tumultuous upbringing.

"He was smart as a whip," said Donald Ashford, 50, his grandfather. "He was a fantastic kid and an ace at school."

David's parents are divorced. Relatives raised the boy for a time. His mother, Marie Ashford, 28, was arrested on drug-related charges in recent years. Ashford regained custody last summer, and a few days ago she moved into a room at the Crystal Inn with David and several other kids.

Pierce celebrated his 12th birthday at the motel's pool with some friends, including Samantha Murray, police said. He received some money and wanted to buy a toy car, so his mother took her son and his friend to the Wal-Mart Supercenter down the road.

She told them to walk back after they finished shopping.

To get back to the motel, David and Samantha walked by an International House of Pancakes being built at the intersection of 34th Street S and 42nd Avenue. A contractor had blocked off the west sidewalk of 34th Street because workers were digging 12 feet deep to access a sewer connection.

Bill Icely, a contractor with Icely Construction, said his company oversaw the work at the building. He said a subcontractor, R.J. Longboat and Sons, didn't tell him the sidewalk would be blocked.

R.J. Longboat of St. Petersburg has no past safety violations with the Occupational Safety and Health Administration. Company employees could not be reached for comment Monday. It was unclear if the company had any disciplinary issues with local authorities.

"There was a subcontractor, that unbeknownst to me, closed the sidewalk," Icely said. "If they had asked me (about blocking the sidewalk) I would have said no."

Marian Scorza, a spokeswoman with the state Transportation Department, said companies need to notify the state before they block pedestrian sidewalks. In many cases, she said, companies need to obtain special-use permits and provide alternate accommodations for pedestrians.

But Scorza said no one told the state that the sidewalk on that stretch of 34th Street S would be blocked.

"We are looking into the matter," she said.

Icely said he notified his insurer and R.J. Longboat about the accident. By Monday afternoon, the work that blocked off the sidewalk had been dismantled and it was open to pedestrians again.

Police said the stretch of road where the incident occurred was dark. The street lights did not appear to be working.

Around the time Pierce and his friend were celebrating Pierce's birthday and heading to Wal-Mart, Montgomery was hanging out at the Suncoast Resort, a popular gay club and shopping center. He met another man as they both purchased paraphernalia at a leather shop, police said.

When he was ready to go home for the night, Montgomery drove his father's white 1996 Chevrolet Blazer.

His new friend from the leather shop was the passenger. Police say the passenger was drunk and doesn't remember much about the drive home.

He and his companion, whose name the police did not release, spent the night at a friend's house.

On Monday morning, a neighbor who heard the news reports about a hit-and-run called police. The passenger in Montgomery's car also called.

After inspecting the Blazer and talking to the passenger and employees at the resort, police arrested Montgomery on Monday afternoon. He had come back to the Suncoast Resort looking for a lost wallet.

"He had no reaction," said traffic homicide investigator Mike Jockers. "He said he thought he had been drugged that night."

Police say they hadn't found a valid driver's license for Montgomery. They said he recently arrived in town. Employees at the Suncoast resort said they'd seen him several times before.

Pierce's relatives say they're happy police caught the driver.

"I'm very pleased," said his grandfather, Donald Ashford.

"But before I celebrate, I want to see how the justice system does."

Times researcher Carolyn Edds contributed to this report. Abhi Raghunathan can be reached at araghunathan@sptimes.com or (727) 893- 8472.

[Illustration]

Photo: PHOTO, CHERIE DIEZ, (2); PHOTO, BILL SERNE; PHOTO; MAP, SIMON COX

Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission.

Abstract (Document Summary)

To get back to the motel, [David Pierce] and [Samantha Murray] walked by an International House of Pancakes being built at the intersection of 34th Street S and 42nd Avenue. A contractor had blocked off the west sidewalk of 34th Street because workers were digging 12 feet deep to access a sewer connection.

Around the time Pierce and his friend were celebrating Pierce's birthday and heading to Wal-Mart, [Jeffrey Todd Montgomery] was hanging out at the Suncoast Resort, a popular gay club and shopping center. He met another man as they both purchased paraphernalia at a leather shop, police said.