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Compassion Tempers Sentence

Tribune photo by CHRISTINE DELESSIO

Judge Pat Siracusa holds a photo of Duke Gray, who was killed in spring 2007 while riding his motorcycle.

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By TODD LESKANIC

The Tampa Tribune

Published: May 21, 2008

DADE CITY - Those who knew Duke Gray described his life as one marked by kindness and compassion.

Wednesday, a judge showed mercy to the Land O' Lakes High School student charged with leaving the scene of the April 2007 motorcycle crash that killed Gray.

In front of a courtroom packed with Gray's family and friends, Ryan Cornett pleaded guilty to leaving the scene of an accident involving serious injury.

Citing Gray's penchant for forgiveness, Circuit Judge Pat Siracusa opted to save the 18-year-old from prison and instead sentenced him to five years of probation. He withheld adjudication, meaning Cornett's record will not show a felony conviction if he successfully completes probation.

Cornett is to carry a photo of Gray at all times and create a page on MySpace dedicated solely to the 37-year-old artist. Cornett also watched a two-hour DVD of Gray's funeral in Siracusa's chambers Wednesday as part of his sentence.

The recording included tributes and comments from dozens of his friends, family members and co-workers. Most remembered him as fearless adventurer and a talented artist who affected many lives.

Siracusa's sentence came after he listened to Gray's family and friends blame Cornett for Gray's death and condemn him as callous and careless.

"I believe in karma, and you never know when it's going to come and get you," said Maureen Hogan, who was Gray's girlfriend. "You will get yours, and I apologize for saying this, but I hope I'm there to see it."

Cornett, an honors student with a college scholarship and no prior criminal record, apologized in court to Gray's supporters.

"I really would like to get to know you guys and show you that I'm not a terrible person," he said.

Authorities said Gray died April 21, 2007, after he lost control of his motorcycle and crashed on Collier Parkway. Investigators said he was driving nearly 80 mph with a blood-alcohol level of 0.27.

Gray's family and friends have pointed at Cornett, whom they accused of hitting Gray as he lay injured in the road and then driving off.

For the past 13 months, Gray's mother, Cynthia, and other family members have bombarded Siracusa with letters asking for a reinvestigation and more serious charges. The letters prompted Siracusa to hold a question-and-answer session with the family before Wednesday's sentencing.

During the session, Assistant State Attorney Michael Mervine said the evidence in Cornett's case simply didn't support a vehicular homicide or DUI-manslaughter charge.

There was no evidence Cornett had been drinking or using drugs that night, Mervine said, and an autopsy report showed Gray died before Cornett drove his truck through the area.

Cornett's attorney, Chip Purcell, said his client stopped after he hit Gray and the motorcycle but that a paramedic told him to leave.

"He goes home and tells his dad what happened, and his dad calls the highway patrol," Purcell said. "If there's some sinister motive, why do that?"

The probationary sentence didn't mean all was lost for Gray's family. In the courthouse parking lot, Cynthia Gray fought to hold back tears, but they weren't tears of disappointment.

"That was the most amazing sentence I've ever heard," she said. "In many ways, it was like Duke was speaking himself."

Reporter Todd Leskanic can be reached at (352) 521-3156 or tleskanic@tampatrib.com.

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