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Driver Gets 15 Years For Killing Man In Wheelchair

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By VALERIE KALFRIN | The Tampa Tribune

Published: September 19, 2008

Updated: 09/19/2008 03:56 pm

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Jermaine Anderson

TAMPA - Tears streaked Jermaine DeWhite Anderson's face today before a judge sentenced him to 15 years in prison for driving into a 64-year-old man in a wheelchair, killing him.

"I have nightmares," Anderson told Circuit Judge Gregory Holder. "I wake up every night drenched in sweat, shaking. … I'm so, so sorry."

Anderson, 28, and his relatives asked Holder to be merciful toward the former Robinson High School basketball player regarding the death of Macelin Azor on March 2.

Anderson had borrowed his employer's Ford pickup without permission that day to drive to a family barbecue, he told Holder. A Tampa police officer stopped him, thinking Anderson was the employer driving with a suspended license, prosecutors said.

Anderson also had a suspended license and a warrant for unpaid child support, so he drove off from the traffic stop at high speed, prosecutors said. Within a mile, he ran a red light at West Main Street, striking Azor, who was crossing the road in a motorized wheelchair. Azor, who supported six children in Haiti, was killed.

Anderson faced a maximum of 30 years in a state prison on felony charges of vehicular homicide and fleeing. Holder gave him 15 years on each count, to run concurrently. He also permanently revoked Anderson's driver's license.

The judge said he would revisit restitution in the case within 60 days to cover the cost of Azor's funeral.
Before the sentence, Assistant State Attorney Kim Seace played a video from a convenience store that had recorded the Ford striking Azor. Standing 6 feet 8 inches tall, Anderson rocked from one foot to the other and did not look at the video.

His aunt, two cousins, two friends and oldest brother asked Holder for leniency, noting Anderson has two young children and his girlfriend is expecting. "It was just a tragic mistake," said friend Derrick Ballard, weeping. "He never tried to hurt no one. … I know he'd take it back right now. I know how sorry he is."

In imposing sentence, Holder noted that a previous judge had shown Anderson compassion in 2003 by withholding adjudication on a felony charge of delivering marijuana.

Azor's nephew, Louis Cineus, 54, of Winter Haven, said whatever sentence Holder imposed didn't matter to him. "I don't get my uncle no more," he said.

Reporter Valerie Kalfrin can be reached at (813) 259-7800 or vkalfrin@tampatrib.com.

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