Was the death of 83-year-old Vertis Ryan a crime or an accident?
A Hillsborough County jury was selected today to answer that question.
Roger Lee Yeager, 39, is charged with vehicular homicide, reckless driving and street racing in the Feb. 11, 2007, wreck that killed Ryan and seriously injured her husband, William.
Authorities say William Ryan, then 85, was making a U-turn on Gibsonton Drive when Yeager's Nissan 350Z rammed into his Ford Taurus.
Assistant State Attorney Aaron Hubbard said Yeager might have avoided the crash if he hadn't been racing Michael Anthony Smith and gone speeding into a curve, unable to brake in time.
But Assistant Public Defender Dana Herce-Fulgueira said there was nothing her client could do once Ryan turned in front of him.
"What happened was a tragic accident," she said. "Accidents happen every day and people are not held criminally responsible."
Smith pleaded guilty in the wreck and was sentenced to three years in prison. He was the prosecution's first witness, testifying that he first noticed Yeager when Yeager began revving his engine and jump-starting his car while they were stopped at a traffic light.
Smith said he passed Yeager as they headed east on Gibsonton and forgot about him until the Nissan rapidly appeared in his rearview mirror. He said they both set off, exceeding the speed limit and with Yeager eventually pulling ahead.
Smith said he saw the Nissan's taillights as it went into the curve near Kendra Drive and saw the Taurus turn in front of the Nissan.
Testimony is expected to continue through Wednesday.
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