No charges will be filed against the Hillsborough County Sheriff's Office deputy involved in a Jan. 11 crash that killed 15-year-old Josiah Pinner just north of Tampa.
Investigators said deputy Philip Montesi was speeding in his patrol vehicle north on North Florida Avenue, in an effort to regroup with his team during a mobile surveillance operation. It was after sunset, and the street was dimly lit.
The sheriff's office said Montesi had a green light when he drove forward and saw a pedestrian walking a bicycle across the street outside of the crosswalk. Investigators said Montesi changed lanes to avoid hitting the pedestrian but ended up crashing into Pinner who was also trying to cross outside the crosswalk. Pinner died at the scene.
An internal investigation found Montesi violated standard operating procedure by speeding when not being involved in an emergency operation. As a result, he will be suspended for five days without pay and required to attend an advanced driving course. However, the sheriff's office said there was "no probable cause to pursue criminal charges" against him.
After reviewing the evidence, the Office of State Attorney Andrew Warren agreed no criminal charges should be filed.
"It is the standard operating procedure of the Hillsborough County Sheriff's Office not to discuss internal administrative matters that are the subject of civil litigation," the sheriff's office wrote in an email. "Given that our office has been notified of the intention to pursue civil litigation regarding this incident, we are unable to discuss any further details at this time."
In a letter sent to Sheriff Chad Chronister, Warren described the death as a "terrible tragedy."
"With regard to vehicular homicide, there is insufficient evidence to establish that Deputy Montesi was driving in a manner with willful or wanton disregard for the safety of others," Warren wrote. "Although the evidence establishes that Deputy Montesi was driving above the speed limit at the time of the accident, Florida law holds that speed alone is insufficient to establish vehicular homicide."
In recent months, protesters have demanded the deputy be held accountable. In mid-January, protesters chanted “Justice for Josiah" as they marched down the road where Pinner died.
Pinner's stepmother, Savannah Rosa, previously told 10News her stepson was loved by many.
"He was loving. He was full of life," Rosa said. "He was the backbone to my boys and his sister."
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