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Gomes Not Guilty For DUI Death

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By KYLE MARTIN

Published: February 20, 2008

BROOKSVILLE - BROOKSVILLE - Brian Gomes did not kill Marc Collins.

So said a jury early Wednesday evening through a

verdict that only punished Gomes, 26, for the events

leading up to a fatal wreck.

The jurors essentially stripped away the fatal aspect

from two of Gomes' charges and reduced them to simple

DUI and driving on a suspended license.

He was found not guilty of vehicular homicide.

The suspect's attorney, Peyton Hyslop, interpreted the

verdict to mean that the prosecution did not prove

Gomes was behind the wheel.

Instead, they made his client responsible for "partying

a little too hard that night," he said.

The results of 4 1/2 hours of deliberation came as a

surprise for almost everyone in the courtroom,

including Circuit Judge Jack Springstead.

Springstead kept a lid on his emotions, but it was

clearly a struggle to maintain his professional

demeanor.

"This put us all in a situation (that was) not

anticipated," said the judge, who called the verdict "a

little out of left field."

Given the circumstances, he abstained from delivering a

sentence right away to give him time to digest the

verdict and Gomes' substantial driving record.

Court records show Gomes has two prior convictions for

DUI, driving with a suspended license and fleeing

police.

Because Assistant State Attorney Bill Catto did not

expect an acquittal, the current charges were not filed

with any mention of these prior convictions.

Therefore, it will be treated as a first-degree

misdemeanor, which carries a maximum penalty of six

months in jail. The most Gomes will get for the license

issue is two months jail time, for a total of eight

months behind bars.

Both Gomes and Collins' family were in court for the

trial, but neither commented after the trial.

The verdict comes more than two years after a Chevy

Tahoe flipped over on Pickford Street, between Landover

Boulevard and Palomar Street.

At the time, Gomes told a paramedic that he was the

passenger, but the Florida Highway Patrol arrested him

a year later as the driver.

Reporter Kyle Martin can be reached at 352-544-5271 or

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