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Arrest made in death of Hernando sheriff's captain

By HERNANDO TODAY STAFF

Published: July 21, 2009

Updated: 07/21/2009 06:57 pm

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Andrew Morris

BROOKSVILLE - Five months after a traffic crash killed a well-known Hernando County Sheriff's Office employee, a high school student has been charged with third-degree murder for the death of Capt. Scott Bierwiler.

Andrew Morris, 17, of Weeki Wachee, was also charged Tuesday with grand theft auto. He was 16 when, prosecutors say, he struck Bierwiler while driving a car he had taken from his mother without permission.

The sheriff's captain was on his way to work at 5:45 a.m. and had just crossed the bridge over the Suncoast Parkway on Powell Road when the SUV driven by Morris crossed the center line and the vehicles collided with enough force to rip apart, according to a Florida Highway Patrol arrest report.

Bierwiler, 42, died on scene. He is survived by a wife and three children.

Morris, a Nature Coast Technical junior, was flown to a Tampa Hospital with life-threatening injuries. His attorney, Robert Whittel, said Tuesday that Morris suffered three fractured vertebrae and two broken legs.

Speaking for Morris and his parents, Whittel said the family believes this was a tragedy but that it does not rise to the level of criminal charges. Morris has posted a $15,000 bond.

"There's no question had this not been a law enforcement officer, a respected member of the community, (Morris) wouldn't be charged like he is," Whittel said.

Messages left for Capt. Bierwiler's family were not returned on Tuesday.

Sgt. Donna Black, spokeswoman for the sheriff's office, said in an e-mail that it's the policy of the Hernando County Sheriff's Office not to comment on other agencies' cases.

She added: "Our agency is still grieving the loss of our beloved Captain Scott Bierwiler."

Questions still surround the incident, but the grand theft auto charge does provide some explanation. The 2002 Mitsubishi Montero he was driving at the time belonged to his mother and was taken without her permission, according to a report.

A deputy was taking a stolen vehicle report at the time of the collision.

Where Morris was going and where he was coming from remain unanswered, at least for now. Assistant State Attorney Pete Magrino said more details will be revealed during discovery.

"The loss of a career of a law enforcement officer was tragic and now we move on to the next step of prosecuting the individual who caused it," Magrino said.

Whittel said Morris has no recollection of the crash or much of the events leading up to it.

In the arrest affidavit, Morris admits to investigators that he was the driver and that he is "very sorry for what occurred."

The grand theft auto charge is the reason there is a murder charge.

Because investigators say Morris was committing a felony at the time of the crash —grand theft auto — the charge was enhanced to third-degree murder.

Reporter Kyle Martin can be reached at 352-544-5271 or kmartin@hernandotoday.com

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