On February 19, Robert and Paulette Kirkpatrick were driving their rental car down Tamiami Trail in Miami. The Kirkpatricks, both retired schoolteachers from Maryland, were vacationing in sunny south Florida. They were killed after a vehicle driving in the other direction jumped the median and crashed head on into the Kirkpatricks' vehicle. The other vehicle, a Toyota Tacoma, was driven by 54-year-old Thomas Cypress. Miami-Dade law enforcement officials say that his blood alcohol concentration was 0.24 percent, three times higher than the "legal limit" of 0.08 percent, the point at which Florida law presumes a driver is too impaired to drive.
Cypress has been charged with two counts of DUI Manslaughter in the Kirkpatricks' deaths. DUI Manslaughter occurs when a person drives while impaired, which is usually shown by his or her BAC, and has an accident stemming from the intoxication which causes a death.
Cypress has a history of drunk driving. He had been arrested for DUI in 2004 and 1997. More recently, Cypress had posted bail and was released while awaiting trial for a DUI charge in Davie, Florida. Cypress appeared before Circuit Judge Migna Sanchez-Llorens in Dade County earlier this week. At the hearing, the state attorneys described Cypress as a "menace on the road," describing his repeated dangerous driving habits. The prosecutors requested that Cypress be kept in the county jail rather than released to await trial.
Cypress requested release to a substance abuse treatment facility and was described by a physician familiar with his case as suffering from alcoholism. The judge denied his motion, noting that the treatment facility was not secured.
The Kirkpatricks' children, Steven and Jennifer Kirkpatrick, traveled from Maryland for the hearing. They did not believe Cypress should be released. Jennifer told reporters that she and her brother "don't want anybody else to go through with this," and stated that they did not believe Cypress has learned his lesson.
If you have been arrested for driving under the influence in Florida, contact the Miami DUI defense attorneys at Musca law.
The original report is available here.
Cypress has been charged with two counts of DUI Manslaughter in the Kirkpatricks' deaths. DUI Manslaughter occurs when a person drives while impaired, which is usually shown by his or her BAC, and has an accident stemming from the intoxication which causes a death.
Cypress has a history of drunk driving. He had been arrested for DUI in 2004 and 1997. More recently, Cypress had posted bail and was released while awaiting trial for a DUI charge in Davie, Florida. Cypress appeared before Circuit Judge Migna Sanchez-Llorens in Dade County earlier this week. At the hearing, the state attorneys described Cypress as a "menace on the road," describing his repeated dangerous driving habits. The prosecutors requested that Cypress be kept in the county jail rather than released to await trial.
Cypress requested release to a substance abuse treatment facility and was described by a physician familiar with his case as suffering from alcoholism. The judge denied his motion, noting that the treatment facility was not secured.
The Kirkpatricks' children, Steven and Jennifer Kirkpatrick, traveled from Maryland for the hearing. They did not believe Cypress should be released. Jennifer told reporters that she and her brother "don't want anybody else to go through with this," and stated that they did not believe Cypress has learned his lesson.
If you have been arrested for driving under the influence in Florida, contact the Miami DUI defense attorneys at Musca law.
The original report is available here.
