Family Of Young Crash Victim Call For Deputy To Be Fired, Charged

TAMPA, FL -- Family, friends and advocates of 15-year-old Josiah Pinner are appealing to Hillsborough County commissioners for justice in the Jan. 11 death of the Buchanan Middle School student.

The teen was crossing North Florida Avenue at East 124th Avenue in the University Area when he was struck by an unmarked Hillsborough County Sheriff's car driven by an undercover deputy.

Sheriff Chad Chronister said the undercover deputy, Deputy Philip J. Montesi, 29, was driving an unmarked 2011 Hyundai Elantra north on Florida Avenue approaching 124th Avenue at 6:25 p.m. on Jan. 11 after conducting a mobile surveillance.

He was on his way to meet up with other team members who he spotted Josiah Pinner's 14-year-old friend walking his bicycle across the road. Montesi swerved to avoid hitting the 14-year-old, not realizing that Josiah Pinner was following behind. He struck Pinner who died at the scene.

Chronister said Montesi, who is distraught following the accident and has taken a voluntary leave of absence, was going 66 mph in a 45 mph zone at the time of the accident.

He said his office is still investigating the accident.

"This investigation is truly complex and it is far from being over but we're committed to being transparent," said Chronister. "I assure the community we're not trying to hide anything."

However, Pinner's family and friends aren't satisfied with the progress of the case.

Following two protest rallies at which they said sheriff's deputies stood by "snickering" at them, a large contingent seeking "Justice for Josiah" attended a Hillsborough County Commission meeting in the hopes of putting pressure on the sheriff.

"That deputy has failed us all," said Pinner's great-aunt, Arlene Batalla. "Where was the oath he took to protect and serve?"

According to the sheriff, Montesi was involved in three crashes while on duty prior to the Jan. 11 accident. Two were determined to be "unavoidable" and the third "excusable."

"How many more have to die before he is fired?" asked Batalla. "We want justice and accountability. We want him fired and held with charges for the crime he committed."

"If we take away the badge and the uniform, Philip Montesi was recklessly driving by going 21 miles per hour over the speed limit," said Pinner's cousin, Priscilla Hevel. "There was no high-speed pursuit taking place and, even if there was, there are traffic laws that must be abided by."

"He (Montessi) was driving so fast, he couldn't stop when he saw a kid walking a bicycle across the street. He had to swerve," said Jason Carrey of Old Seminole Heights, noting that the accident occurred adjacent to a school zone."The Hillsborough County sheriff has done nothing to mitigate this grief. If the roles had been switched, any of us would have been charged with vehicular manslaughter. We are tired of burying our kids."

Josiah Pinner's grandmother, Tammy Pinner, said the sheriff's office in unfairly placing the blame on her grandson for failing to use the crosswalk.

"Is not being in crosswalk probable cause to hit and kill someone?" she asked. "He (Montesi) drove on. That is a hit-and-run vehicular homicide. It is a crime that deserves justice. This officer needs to be arrested, tried and convicted."

Edward Reyes, the attorney for the Pinner family, said his clients are simply looking for answers, and they're not sure they're getting the truth because reports from the sheriff's office differ from the accounts of witnesses he's interviewed.

He said the family is also appealing to the county commission to make North Florida Avenue safer by adding crosswalks and other safety features, the same features found "in more affluent areas."

"A lot of people in that area are walking a lot," he said. "We're just hoping for some guidance and support."

While Hillsborough County Commission Chairman Les Miller said the Pinners "have our deepest sympathy," he said the commissioners' hands are tied.

"We have no jurisdiction over the sheriff's office. We only allocate the yearly funds," he said. "And there is pending litigation in this matter so we can't comment on this matter."

Reyes said the Pinner family has not yet decided whether it will file a lawsuit.

Chronister said, once the accident investigation is completed, the matter will be turned over to the sheriff's Professional Standards Unit to determine if Montesi followed sheriff's office policies and procedures.

See related stories:

Undercover Deputy Was Speeding When He Struck, Killed 15-Year-Old

Parents Seek Answers After Teen Killed By Unmarked Sheriff's Car

2nd Rally, March Planned For Teen Killed By Undercover Deputy

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