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Former Storm player convicted of DUI manslaughter

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By TOM BRENNAN

tbrennan@tampatrib.com

Published: April 9, 2009

Darion Conner (2008 photo)

TAMPA - Former Tampa Bay Storm arena football player Darion Conner was found guilty this afternoon on charges of DUI manslaughter and vehicular homicide in the September 2004 death of bicyclist Jonathan Conklin.

It took jurors an hour and 10 minutes to reach their verdict.

Conner, 41, faces 15 years in prison. His sentencing is April 30.

Conner was accused of striking and killing Conklin, 32, with his Toyota Land Cruiser at about 2 a.m. Sept. 4, 2004. Blood alcohol test showed Conner's level was 273. State law presumes a person intoxicated at 0.08.

Witnesses said Conner was driving erratically while driving west on Linebaugh Avenue, striking Conklin from behind while he was pedaling in the bike lane.

"The most horrifying thing in this whole case is that he (Conner) never saw him (Conklin)," said Assistant State Attorney Matthey Smith in his closing statement. "There are no skid marks where the brakes locked up trying to stop.

"This was a drunk drive."

Conner was sentenced to 15 years in prison in 2005. A state appeals court overturned the conviction in 2008, saying prosecutors showed jurors an irrelevant and prejudicial photograph of the victim.

Conner's attorneys attacked the blood tests, saying the sample was taken two hours after the accident and that it was improperly stored.

Conner told deputies that he swerved to avoid another car.

"He was trying to avoid another car, he was wrong about what it was," said Lisa McLean, one of Conner's lawyers, in her closing statement.

Smith said Conner's whole conduct that night was questionable.

"He was wrong when he drove into that bike lane and struck Mr. Conklin," Smith said. "Because Mr. Conner was wrong, Mr. Conklin is dead."

Witnesses testified Conner repeatedly swerved into the left lane and then would violently jerk the wheel to the right trying to overcorrect and careening into the bike lane.

No one saw the moment of impact.

But one witness testified about seeing sparks and a flash and then seeing Conklin flying up on Conner's car's hood and into its windshield.

Testimony showed Conner has three previous DUI convictions.

After hitting the bicyclist, Shake said Conner's SUV veered back to the left, jumping the median, mowing down a small tree and driving in the opposite lane into oncoming traffic.

Conner played for the Storm from 1999 to 2005. He was a second-round draft choice of the Atlanta Falcons in 1990 and played for several National Football League teams until 1997.

Reporter Tom Brennan can be reached at (813) 259-7698 or tbrennan@tampatrib.com.

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