aqwertyuiop
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An internal affairs investigation is clear that Port Orange police Officer Silvio Portillo was driving a patrol car that struck and killed a man riding a scooter last year.
Officer Portillo was driving 65 mph, 15 mph over the posted speed, on Dunlawton Avenue on his way to a “non-priority” noise complaint Dec. 21 when he struck Andrew McIlvain, who was riding a scooter at Village Trail, according to police investigations. McIlvain died on Jan. 4. Portillo admitted to his department that he had been driving. He said he was looking at his laptop to find the call’s address, looked up and saw McIlvain.
Portillo was found not guilty last Friday by a County Judge. Portillo failed to appear in county court for the trial at the Courthouse Annex in Daytona Beach. Even worse, the State Trooper, Robert Asbill, who investigated the accident and whose report stated Portillo was driving the police care also failed to appear.
Officer Portillo’s attorney Martin White argued successfully that there was no witness to testify that Portillo was the driver of the squad car that killed McIlvain.
“Your honor, we move for a judgment of acquittal at this junction,” White said. “There’s been no identification that my client was driving behind the wheel. The state did not establish venue.”
There is no question that he was guilty. Portillo had previously been suspended without pay by the Port Orange Police Department for 10 days and ordered to attend an emergency vehicle operation course at Daytona State College.
No-Show FHP Trooper Robert Asbill interviewed Portillo after the accident, but Asbill did not attend the hearing. The two troopers that were present did not speak to Portillo, because they had different roles in the investigation. Thus, they could not testify. A report prepared by FHP Trooper Kurt Glaenzer lists Portillo as the driver of the patrol car.
The judge ruled that “Judgment of acquittal is granted,” Dempsey said.
Read more at: No fine for Port Orange officer who police say ran over, killed man | News-JournalOnline.com
Officer Portillo was driving 65 mph, 15 mph over the posted speed, on Dunlawton Avenue on his way to a “non-priority” noise complaint Dec. 21 when he struck Andrew McIlvain, who was riding a scooter at Village Trail, according to police investigations. McIlvain died on Jan. 4. Portillo admitted to his department that he had been driving. He said he was looking at his laptop to find the call’s address, looked up and saw McIlvain.
Portillo was found not guilty last Friday by a County Judge. Portillo failed to appear in county court for the trial at the Courthouse Annex in Daytona Beach. Even worse, the State Trooper, Robert Asbill, who investigated the accident and whose report stated Portillo was driving the police care also failed to appear.
Officer Portillo’s attorney Martin White argued successfully that there was no witness to testify that Portillo was the driver of the squad car that killed McIlvain.
“Your honor, we move for a judgment of acquittal at this junction,” White said. “There’s been no identification that my client was driving behind the wheel. The state did not establish venue.”
There is no question that he was guilty. Portillo had previously been suspended without pay by the Port Orange Police Department for 10 days and ordered to attend an emergency vehicle operation course at Daytona State College.
No-Show FHP Trooper Robert Asbill interviewed Portillo after the accident, but Asbill did not attend the hearing. The two troopers that were present did not speak to Portillo, because they had different roles in the investigation. Thus, they could not testify. A report prepared by FHP Trooper Kurt Glaenzer lists Portillo as the driver of the patrol car.
The judge ruled that “Judgment of acquittal is granted,” Dempsey said.
Read more at: No fine for Port Orange officer who police say ran over, killed man | News-JournalOnline.com
