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Hernando Today

Hearing Clears Way For Hit-And-Run Trial

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By KYLE MARTIN

Hernando Today

Published: November 6, 2008

BROOKSVILLE - Motive figures to be the cornerstone in the upcoming trial of a man accused of driving off from a fatal collision with a roadside walker.

It was the recurring theme in the last hearing for Jason Blair before he heads to trial Dec. 15. Both Blair's attorney and the prosecutor used the time Wednesday before Circuit Judge Victor Musleh to present their arguments for why jurors should receive certain evidence.

At the top of the list are the results of a blood test drawn from Blair six hours after he struck Anthony Morales with his car Feb. 18 on Cortez Boulevard, just east of Brooksville Regional Hospital. It shows that Blair had prescription drugs and marijuana in his system at the time, but it doesn't give a quantity.
Assistant State Attorney Don Barbee has a doctor doing tests now to determine whether Blair was intoxicated at the time of the collision - but not for a DUI charge. Barbee said in court Wednesday that he intends to use the results to prove Blair had a motive for driving away from the collision.

"Motive is a critical factor in this case," Barbee said.

Blair's attorney, Ellis Faught Jr., said the suspect has an entirely different reason for leaving the scene. Blair slowed down almost to a stop, but he could hear the other three people that were walking with Morales screaming and running at his car, Ellis said.
Faught cited a later deposition in which one of Morales' friends admits he was so upset that he could have killed Blair that night.

It's Faught's contention that presenting the jury with the toxicology results would only taint their opinion of his client. He added that his client had six hours to take a prescription drug to ease his frazzled nerves after the collision.

"It's not relevant evidence," he said.

Also at issue are the victim's toxicology results, which show that Morales had marijuana in his system at the time of his death. Barbee doesn't see the point in bringing that up to the jury because the issue isn't about what might have caused Morales to stumble into the path of Blair's car.

That doesn't have anything to do with Blair leaving the scene, Barbee said.
Faught argued that it's important that those results are included to give jurors "the big picture."

"Something caused him to fall out (in) the lane," Faught said.

Musleh is expected to make a ruling before Thanksgiving.

Vi Coogler, a close friend of Morales, said after the hearing that he felt the judge would rule in favor of the state. He praised Barbee for bringing the case all the way to trial.

"He said there would be no plea deal and he stuck to his word," Coogler said.

Reporter Kyle Martin can be reached at 352-544-5271 or kmartin@hernandotoday.com.

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