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Trial Begins In 2007 Pasco Fatal Wreck

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By TODD LESKANIC | The Tampa Tribune

Published: March 30, 2009

NEW PORT RICHEY - Oknan Ziegler loved to shop at the Salvation Army store on U.S. 19.

Ziegler, 62, was driving out of the parking lot after finishing a trip to the store on Jan. 19, 2007, when her life ended. A white 1991 Honda Civic, driven by Justin Tanoff, then 18, crashed into the driver's side of Ziegler's Toyota Camry.

Tanoff, now 20, is on trial this week charged with vehicular homicide.

Prosecutors said Tanoff and another man, Aaron Kukla, were racing south on U.S. 19 when the accident happened. The race began when Tanoff cut in front of Kukla's black Honda after the traffic light at U.S. 19 and Sunray Drive turned green, said Assistant State Attorney Michael Kenny.

Kenny said Kukla accelerated immediately to chase Tanoff.

"The evidence is going to show you that [Tanoff] was trying to stay in front of this black Honda," Kenny said in his opening statement today. "He was so intent on that, he probably didn't see what was going on in front of him."

Ziegler was pulling out of the parking lot and planned to cross U.S. 19 and head north. But the impact pushed her car into the median dividing the highway. Kukla's car then struck the side of Tanoff's.

Tanoff was driving between 60 mph and 80 mph at the time of impact, Kenny said. A witness who testified today said Ziegler would have had more than enough time to pull her car across the southbound lanes had Tanoff been driving at a safe speed.

Assistant Public Defender Kemba Lewis argued in her opening statement that Tanoff should not be found guilty. She said Ziegler failed to stop as she began crossing U.S. 19.

"You're not going to hear that Mr. Tanoff was under the influence of alcohol or drugs," Lewis said. "But you are going to hear that Mrs. Ziegler was taking several medications."

The defense plans to call a toxicologist to testify that Ziegler had 15 medications in her system at the time of the crash, Lewis said.

Kukla, 22, was arrested on a vehicular homicide charge, but prosecutors later amended the charge down to reckless driving, a misdemeanor. He pleaded no contest in July 2007 and was sentenced to six months of probation.

Reporter Todd Leskanic can be reached at (727) 815-1084.

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