Man avoids trial, pleads no contest in fatal hit-and-run
A Cape Coral man accused of killing a bicyclist last year in a hit-and-run accident avoided going to trial last week by pleading straight to the court.
Timothy Wayne Turner, 49, of 2203 N.E. 15th Terrace, pleaded no contest on Wednesday to one count of hit and run fail to stop remain at crash involving death. The State Attorney’s Office and defense team were prepared to go and the jury selection had begun earlier in the week before Turner made his move.
“We were set for a jury trial and the defendant decided to plead straight to the court,” Samantha Syoen, spokeswoman for the SAO, said. “A defendant can choose to just plead to the court, skipping a trial.”
She explained that any defendants who want to avoid a trial can plead no contest or guilty.
“You have to plead as charged,” Syoen said. “You cannot plead to a lesser charge.”
“The judge will then sentence him,” she added.
Turner’s sentencing before Lee Circuit Judge Ramiro Manalich is set for Sept. 19.
The maximum penalty that he faces if convicted is up to 30 years in prison.
Assistant State Attorney Joshua Fredrickson handed the case.
Turner is being represented by Assistant Public Defender Phoebe Bruce.
Bruce did not return a message seeking comment on Tuesday.
Turner was arrested and charged on Feb. 2, 2015, in the death of Joel Scott Nichols, 27, of 1504 N.E. 13th St. Nichols had been riding a bicycle in the 1300 block Northeast Pine Island Road the night before when he was struck and killed, according to reports. His body was discovered the following morning.
Based on a witness account, police were able to release the color, make and estimated age of the vehicle believed to have struck Nichols: a mid-to-late 1990s, white, Dodge pickup truck.
Following up on a tip, Cape police responded to Turner’s home and found a truck with “heavy front right and passenger side damage” parked on the east side of the residence in a vacant lot, officials said. When police knocked on the front door, Turner said he was the driver and wanted to turn himself in.
Turner told police that he was driving home at about 8 p.m. when he hit something with his truck and pulled off on the side of the road, according to reports. After looking and not seeing anything, he got scared and left the area. Turner later stated that he saw the bicycle at the last minute, riding in his lane.
While awaiting his trial, Turner was arrested and charged on May 28 by the Pinellas Park Police Department in Pinellas County with one count of driving under the influence, official records state.