Hit-And-Run Suspect Absolved Of Death

A jury had to decide on Tuesday whether fear for one's safety justifies leaving the scene of a fatal accident.

In the end, survival trumped the law.

Jason Blair's acquittal met with mixed reactions. The family of the late Anthony Morales was crushed, saying they had lost faith in the justice system. Assistant State Attorney Don Barbee feared for the impact this would have on prosecuting hit-and-run cases.

"All a guy has to do (now) is say, 'I was scared,'" Barbee said after the verdict.

For Blair and his attorney, Ellis Faught, though, it was a validation of a rare argument called the "defense of necessity."

The defense is what Faught called an "escape route" for someone accused of leaving the scene of a crash. Essentially, it says it's OK to leave the scene if the driver's safety is in jeopardy and the risk of personal harm outweighs the harm done to the victim.

For Blair, that moment came during the early morning of Feb. 18, 2008. He recounted that night for jurors on Tuesday, beginning with his night shift as manager at the Hooter's restaurant on U.S. 19.

After locking up for the night around 12:50 a.m., he headed to his Brooksville home via U.S. 19 and State Road 50. He had just passed Brooksville Regional Hospital and passed into a dark stretch of road when his headlights illuminated a group of people standing on the side of the road. The group was dressed in dark clothing and their backs were turned to traffic, Blair testified.

As he passed, one of those people stepped or fell into the path of his car.

"I couldn't believe what had happened," Blair said. "It took me a second."

Blair said he stepped on the brakes and stopped about 100 to 150 yards from the point of impact. He got out of the car. He heard someone yelling profanity, then the threat, "I'll kill you," Blair testified.

He said visions of his wife and four children flashed through his eyes and that made up his mind to leave. As he turned onto the truck route portion of S.R. 50, he dialed his father, a retired Florida Highway Patrol trooper, for advice.

Barbee pounced on this portion of the testimony, suggesting that this was the moment his father told him what to say to authorities.

He also questioned how Blair could have heard the threatening screaming from up to 450 feet away - if he stopped at all. One of the three people walking with Morales that night testified that Blair didn't stop at all; the other couldn't remember whether he slowed down.

Barbee also questioned why Blair didn't call 911 on his cell phone. The Sheriff's Office is just around the corner from the scene of the crash, as is the Brooksville Police Department, a convenience store and a hospital.

Faught argued that it doesn't matter what is done after the driver decides to leave the scene. At that point, the defense of necessity is invoked, if applicable.

"You could go to Georgia, you could go to Tampa," he said. "It doesn't matter."