TBO.com - TBO is Tampa Bay Online

Ex-Storm Player Wins Retrial In DUI Death

ADVERTISEMENT

By THOMAS W. KRAUSE

The Tampa Tribune

Published: September 9, 2008

TAMPA - Darion Conner, a former arena football player with the Tampa Bay Storm who was convicted in 2005 for driving under the influence-manslaughter, will get a new trial.

An appeals court determined in July that a judge improperly allowed prosecutors to show the jury an irrelevant and prejudicial photograph that showed the victim, Jonathan Conklin, lying in the road, covered in blood.

Conner, 40, has been serving a 15-year sentence. On Monday, Circuit Judge Ronald Ficarrotta ordered Conner's return to Hillsborough County from state prison to begin the process for a retrial. Conner's attorney, Brooke Elvington, said she will soon ask the judge to set bail.

Just before 2 a.m. Sept. 4, 2004, Conner was driving a Toyota Land Cruiser on Linebaugh Avenue. A witness testified at the July 2005 trial that Conner's headlights were off when he first turned onto Linebaugh. Conner turned them on but swerved across the road lines, the witness testified.

Prosecutors argued that Conner veered into the bike lane and struck Conklin, 32, who was riding his bicycle.

Conner's defense attorney argued that Conklin also was drunk, and it was Conklin who swerved in front of Conner.

Conner's blood alcohol level was registered at 0.273; Conklin's was about twice the level at which Florida law presumes a driver is intoxicated.

The jury took two hours to convict Conner. He was sentenced to the maximum 15 years in prison, partly because of his previous DUI convictions in Georgia in 1990, 1992 and twice in 1993.

Judges with the 2nd District Court of Appeal determined that a photo prosecutors showed the jury should not have been admitted as evidence.

The dispute at trial focused on whether Conklin was struck in the bicycle lane or roadway. The picture showed Conklin lying facedown in the bicycle lane.

According to the appeal judges' decision, prosecutors urged the jurors to examine the photograph and notice that Conklin was in the bike lane, just inches from the curb.

The picture, however, did not show Conklin's final resting place, the judges wrote. The first paramedic on the scene said Conklin was found lying on his back, not his stomach. Prosecutors also had said Conklin was knocked 212 feet from the point of impact, making it impossible to determine through the picture where he was when his bicycle was struck.

Conner played for the Storm from 1999 to 2005. He played in the National Football League from 1990 until 1997 on several teams, including the New Orleans Saints and Atlanta Falcons.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

Loading Comments...

Email Print

ADVERTISEMENT