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Northview Grad Won’t Face Charges Over Accident That Killed Two Pedestrians
August 29, 2009
A Northview graduate will not face criminal charges in connection with a February 26 crash in Cantonment that killed three pedistrians, but he is facing a civil suit filed by a family member of one of the deceased.
The Florida Highway Patrol says a vehicle driven by Matthew Thomas Zisa, 18, of McDavid, was traveling northbound on County Road 95A near Countri Lane and was passing northbound traffic when he failed to notice six pedestrians walking northbound in the southbound lane of the road. Zisa’s 2003 Chevrolet struck three of the pedestrians, killing two of them.
The FHP said that Zisa has been cleared of any criminal wrongdoing in the case and will not face any charges.
The driver being passed by Zisa, John Middleton, told WEAR-TV in an interview, “I was going about the speed limit. They tried to pass me, so I sped up a little bit. They fell back behind me. Then they come around me one more time, and that’s when the accident happened.” Middleton also told the TV station that he went home after the crash and returned about 30 minutes later.
The FHP says Rachel L. Welford, 16 and Jeremy Lee Shipley, 24, sustained fatal injuries and were pronounced dead at the scene. Johnathan M. Kane, 20, was seriously injured and was transported to Sacred Heart Hospital by LifeFlight. He has since been released from the hospital.
Welford; Shipley; Kane; Jeremy Davidson, 19; Rachel’s sister Jennifer Welford, 15; and Micah Orr, 18, were walking from a home on El Camino Drive to the nearby Tom Thumb that sits between Highway 95A and Highway 29 when they were struck from behind.
Susan Welford filed an auto negligence lawsuit against Zisa in Escambia County Circuit Court recently seeking unspecified damages for the death of her daughter, Rachel Welford. The suit also names Middleton, the man being passed by Zisa at the time of the crash.
Members of the group said Friday that they never saw Zisa’s headlights, never heard a horn, and never heard tires squealing. They said they were just walking toward the store, and, the next thing they knew, three members of the group were hit by Zisa’s Chevrolet Blazer.
Zisa is a 2008 graduate of Northview High School.
Pictured top: Matthew Zisa’s Chevrolet Blazer is seen is this photo courtesy WEAR for NorthEscambia.com, click to enlarge.
Comments
35 Responses to “Northview Grad Won’t Face Charges Over Accident That Killed Two Pedestrians”
regarding susan odoms comment:
and from the accident report it appears *both sides failed*.
I can tell you no where in the fhp report does it indicate or insinuate that.
You have no business walking in the road, especially at night. Period. A driver certainly wouldnt expect to find people walking down the roadway at night!
Pedestrians as well as drivers both have responsibilities…and from the accident reports, it appears that both sides failed in that. Even going the speed limit, if you cannot SEE the people walking IN the road at NIGHT (where they had no business being), then there’s no way you could stop in time, speed limit or not.
Read the Florida Statue…and its just basic common sense!
Furthermore, what was this 16 year old doing out that late? Walking in the road??? Accidents happen and thats what this was….as terrible and tragic for all sides as it is. The family of the deceased need to accept thier loved ones OWN responsilbilty and contribution to this tragedy.
REGARDING:
“Zisa and Middleton should both take a lie detector test and the truth will be known.If they are the stand up gentlemen that their family and friends say they are,they should not have a problem taking a test”
There is one little problem with using a “lie detector”
They don’t really exist.
There are machines called lie detectors but all they do is measure stress in various ways. Some people are stressed by taking tests and some by remembering hurtful things. Some questions are loaded and have no correct answer.
For example, “Have you quit beating your wife?” If you never beat your wife in the first place, the correct answer must be NO. Because you have not quit doing anything. It would come across, though, as if you were still beating your wife since you have not quit.
If you say yes, the stress will either indicate you are lying or telling the truth when in fact the correct answer is “None of the above”
I imagine this is the reason attorneys object to some questions because they assume facts not in evidence, such as the prior beatings or lead to a conclusion which is not valid.
Some people do feel stress at telling anything other than the truth, so the machines could work on them.
“Were you telling the truth when you said you blocked the car behind you from passing earlier?”
“Did you intend to hurt anyone?”
“Could you see the people wearing dark clothing walking in the middle of the road in front of you?”
Really, what questions would you want to ask in a case like this?
outsider. . . . if either john middleton or matthew zisa agreed to a *lie detector* test and both passed, then what? what exactly would either of them be taking this test for? their characters? or their account as to what happened on the road the night of the accident? I think most people that posted comments on this site have taken great effort not to *slam* the kids that WERE in the road, but at the same time wonder WHY were they in the road so they asked.
Forgiveness.. Your comment ………16 SHOULD BE A HOME THAT TIME OF NIGHT NOW WHO AT FAUGHT?First of all it is “who’s at fault” second ,this kind of stupid comment is what causes all the anger.You have the right to defend Matt and say what kind of person you think he is ,but leave the stupid comments about the victims out.If you would read the story,you would know that Mr.middleton is also named in the lawsuit.Zisa and Middleton should both take a lie detector test and the truth will be known.If they are the stand up gentlemen that their family and friends say they are,they should not have a problem taking a test.By the way,i don’t know any of the people involed in this tragic accident.
Does anyone know what happen to the Middleton man in this mess. Matt is paying dearly and the other driver seems to have gotten of free as a bird even though I believe he was the cause of the problem by his own admission. Matthew you will always be welcomed in our home and around us. You are a fine young man and I am sorry you are going through this.
this lawsuit is about revenge , its about anger, its about being so torn up with grief and wanting another womans child to vertually pay for the rest of his life by ruining his future over an accident that wasn’t his fault. its about making someone /anyone pay, its about making one of the most awesome young men that could never intentionally hurt a living soul suffer more by reliving that event over again.
While my heart breaks for the family and friends of the pedestrians that were hit and killed, my heart also breaks for the young man that hit them. This is a very unfortunate accident and one that Zisa will probably replay in his head over and over.
I agree with “another mom” in that sueing will do nothing more than prolong the agony, for everyone, and won’t help anything. I do hope that the families of the victims can get whatever help that they need to start the grieving process.
Those kids should have been at home NOT on the road, and we all know that you NEVER go walking down the road at night wearing dark clothing. The law states that pedestrians are to walk ON THE SHOULDER ONLY. That means they are NOT to be in the middle of the road.
It was a horrible tragedy, but to ruin this poor boy’s life because of an accident that was not his fault is a little ridiculous, doncha think?
I’m sorry, but I just can’t see destroying this boy for something that was the culmination of many factors. He wasn’t drunk or on drugs, he wasn’t speeding, he was just trying to drive down the road safely. It wasn’t his fault that he couldn’t see kids in dark clothing with their backs to him.
Let it go. You will never have any kind of peace as long as you keep pushing this.
S.L.B. the pedestrians that were struck by the SUV Matthew was driving were not on the side of the road or the shoulder of the road, they were right in the middle of the southbound lane.
Accidents happen everyday! If were lucky, we survive them and move forward, but if it’s our time to go, then it’s our time to go.
It would seem to me that this whole thing happened in a blink of an eye and the last thing, I would think, on Matt’s mind was, I better watch for pedestrians walking on the side of the road in dark clothing this time of night.
If it were me, I would of been thinking, what is this fool’s problem and why is he driving this way hitting his breaks and then speeding up while I was trying to pass him and does he mean to harm me? Were talking about a grown man here who started a chain of misfortunate events and his actions effected everything else.
The question is: who wants to hit a dog, cat or deer in the road, much less 3 sweet teenagers? No-one in their right mind I tell you!
It was a very sad and unfortunate accident and they happen every day and there is no turning back and making it go away. All we can do is find some sort of peace and understanding and move forward and hope that it never happens to anyone else. Everyday that my teen-ager leave our home in her car, I say a silent prayer for the Lord to protect her from harm and evil. However, I realize that sometimes that isn’t enough and things can happen and if it does, I will have to deal with it the best way I can.
If Matt was under the influence of drugs and/or alchohol and they died as a result of his impared judgement, then I could possibly understand the revenge part of this suit, but he wasn’t and he basically didn’t do anything different in this situation with this crazy man in front of him, that you and I both wouldn’t have possibly done.
FORGIVE MATT PLEASE and let everyone remember you for that heroic qaulity and not for your anger and revenge against him! WWJD
How would I feel if my child got killed. Well my child did get killed the guy driving the car had no drivers license and no insurance. So by saying that he should have not even been behind the wheel. I never filed a suit against the guy because what would that have done for me and family except cause more grief. We had to continue our lives as normal as possible because of our other children. So I do know that it is very hard ,for years when I would see this guy it hurt so bad i would not speak or look at him. What I really wanted to do is lash out at him, but of course I never did. What I did learn and realize that even though this guy shouldn’t have been behind the wheel it was hard for him as well I guess what I am trying to say is u have to go on with your life and if u lean on god I promise you he will get u through it. SO I DO KNOW HOW IT FEELS.
Let Rachaels family have their day in civil court, it may or may not help them with their loss. I personally think its their one last chance to lash out at the driver of the blazer. (legally).
It has nothing to do with (as anonymous stated) teaching the 18 year old driver that *wrong is wrong*. This is more about anger and revenge than it is about anything.
The guy in the first car said he tried to keep Matt from going around. Why not a suit againt him, he was in the wrong. He caused the wreck. Matt did not go out of his way to hit those young people. Some people need to take some responsible your there part. I guest the person that said those kids had the right a way then I guest we will be seeing you in the middle of the interstate late at night or on a train track. Stand in the middle of hit and see if you don’t gete hit. Why now are you take action against Matt. STAY STRONG MATT WE LOVE YOU.
16 SHOULD BE A HOME THAT TIME OF NIGHT NOW WHO AT FAUGHT?
knowing matthew the way I and many others do know him , he most certianly would have chose running his vehichle head on into a tree/light pole or whatever to avoid causing harm to another living soul, had he had the opportunity to react/avoid those pedestrians. I personally don’t believe his family or friends would point the blame torwards the kids in the road.
Let’s play devil’s advocate here. There is always two sides to each story. What if this young man would have seen these people just in time to react. Say he reacted, snacthed his vehicle off the road and hit a tree thus killing him. Thus basically giving up his life to save those in the street.
Who would everyone be going after then?
Those that are defending the boy now would be going after those people in the street, and those who support the kids in the street would be saying it is a tragic accident.
It is a sad sad accident, but it sound like it was truly an ACCIDENT, and if that is the case there has to be forgiveness.
Just food for thought???
Florida State Statute 316.130, (4) Where sidrwalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrians direction of travel, facing traffic which may approach from the opposite direction.
REGARDING:
Florida State Statute 316.130,
(12) No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb.
(13) Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
———————————————————————————————
The gist of it is: don’t do things which might get you killed, try not to kill each other.
Matthew, hang in there. Those of us that know and love you will be here for you. You’re an awesome person, God will get you and your family through this.
please read Florida State Statute 316.130,
it sums up pretty much what a pedestrians responsibilities are when sidewalks aren’t available for them.
ANONYMOUS…please READ a Florida Driver’s Handbook carefully!
It is the motorist’s responsibility to do everything possible to avoid colliding with pedestrians. Bicyclists, skaters and skateboarders in a crosswalk or driveway are considered pedestrians. Turning motorists must stop for pedestrians at intersections and driveways, even when the crosswalk is not marked, as these are also legal crosswalks. Motorists must stop or yield as appropriate for pedestrians crossing the street or driveway at any marked mid-block crossing, driveway or intersection without traffic signals.
REGARDING:
“AND FYI “PEDESTRIANS ALWAYS HAVE THE RIGHT OF WAY”. ”
Actually, nobody has the right of way. People are to yield it. To yield it you have to know there is a pedestrian. if you are distracted by an erratic driver in front of you, you might not notice the pedestrian, especially if it were dark and if they were not wearing highly visible clothing.
and:
“WHAT 18 YEAR OLD DO YOU KNOW DRIVES THE SPEED LIMIT PEOPLE!!! STOP TAKING THIS BOY’S SIDE. IT DON’T MATTER IF HE HAS MONEY, THE PRINCIPAL IS TO SHOW THIS BOY THAT WRONG IS WRONG”
The principle should be to NOT convict somebody on the basis of “everybody does it, so he must be guilty too” He was behind someone who admitted to changing speed to keep him behind him. I wonder if he swerved too? Should we accuse the one in front without evidence too? There is no question he would not have been where he was if he had not been blocked earlier.
It was a terrible tragedy. Should we create another?
the final wording in the FHP investigation/ accident report is . . . .
the cause of this accident was due to pedestrians in the road.
CAS is right, this is about anger/revenge.
this lawsuit I’m sure has more to do with anger than it has to do with money. a mother lost her child, while its true no amount of money will bring her child back, this in the very least might bring her some sort of closure. the driver of the blazer won’t be facing criminal charges, but no matter what he pays out, if he pays anything, one thing for sure, he’ll pay for the rest of his life remembering those kids coliding into his vehichle, knowing there was nothing that could have been done to avoid them on his part. this is sad for all involved.
FIRST OFF NO MATTER WHAT NONE OF YOU SAY BUT THIS YOUNG MAN SHOULD AND WILL BE CHARGED!!! A 16 YEAR OLD LITTLE GIRL IS DEAD. IF HE WAS GOIN THE SPEED LIMIT THEN HE COULD HAVE STOPPED. AND HE IS 18!! WHAT 18 YEAR OLD DO YOU KNOW DRIVES THE SPEED LIMIT PEOPLE!!! STOP TAKING THIS BOY’S SIDE. IT DON’T MATTER IF HE HAS MONEY, THE PRINCIPAL IS TO SHOW THIS BOY THAT WRONG IS WRONG. AND WHAT WOULD ANY OF YOU PEOPLE DO IF HE WAS TO PRACTICALLY RUN OVER AND KILL ONE OF YOUR KIDS HOW WOULD YOU FEEL. AND FYI “PEDESTRIANS ALWAYS HAVE THE RIGHT OF WAY”.
IT SADDENS ME TO SEE THAT THIS HAS TO CONTINUE ON. THIS WAS NOT INTENTIONAL. I HAVE READ THE FINAL POLICE REPORT AND IT DETERMINES THAT HE COULD NOT HAVE STOPPED AND HE HAD RIGHT OF WAY HIS LIGHTS WERE ON AND THAT THEY WERE I REPEAT WERE IN THE ROAD WEARING DARK CLOTHING THAT IS WHAT IT SAYS . THIS BOY AND THE DECEASEDS FAMILY AND FRIENDS HAVE BEEN THROUGH ENOUGH WHAT COULD POSSIBLY BE GAINED BY A CIVIL SUIT THE BOY DOESN’T OWN ANYTHING DOESN’T EVEN HAVE A JOB HE IS A COLLAGE STUDENT.. I HOPE RACHEL AND JERMEYS FAMILIES FIND PEACE…BUT THIS IS NOT THE WAY TO TRY AND FIND IT IT WON’T BRING THEM BACK…EVERYONE SHOULD STOP POINTING FINGERS AND RELIZE THAT THIS WAS NOONES FAULT IT WAS JUST A TERRIBLE ACCIDENT!!! GOD BE WITH ALL OF YOU
Like it is said…………….MONEY IS THE “ROOT” OF ALL EVIL….!!!!
Anytime something happens, SUE,SUE,SUE.
I am so truly sorry for your loss. The young man has no money but plenty of regrets. I’m sure if he could take back that very moment of the accident he would . It was an accident. He has apologized, I’m sure. Ask God to help you and let this young man move on with his life. He does not have any money to give you. He has to live with this every day. Don’t keep making him live that accident over and over again. God is a forgiving God. If he can forgive us for all our wrong doing, why can’t we forgive each other?
I just hope every young driver reading this news article learns and realizes that there are more things on a road than cars. New drivers think they have it all down pat.. Animals, pedestrians, and fallen tree limbs to name only a few, can cause someone to jam on the brakes. That’s why I can’t understand why people tailgate.
Passing a car at night requires that you use your high beams to illuminate the roadway ahead. I don’t know if that was an issue or not.
A big question in my mind was why these young victims were walking in the southbound lane. Walking facing traffic is good but were they not on the shoulder?
This reminds me of that classic short story by Jack London: “To Build a Fire”. It speaks of one major thing that is necessary to survive in a dangerous world.
My heart goes out to the parents AND to the young driver who I hope will gain strength from the experience. You can be very instructive to others to prevent this kind of accident in the future.
Give God the glory Matt. We love you and are still praying for you and this family. Accidents happen. You are a wonderful young man.
I don’t understand why this mother thinks any amount of money will make up for her daughter’s absence. I understand the feeling of loss and wanting to fill that. However money will not make the pain of loss go away. I know this young man & I know he has lived in total agony since this accident. Why make that worse? It just doesn’t make sense for anyone involved to keep reliving this tragedy!
This story doesn’t mention anything about the other vehicle that Matt was trying to pass, that was not allowing him to pass, so Matt could get back into the right lane; does the family know that?
“Anothermom” you said exactly what I was thinking!!
I agree with “Another mom’s” post that nothing good will come out of suing except more heartache. By the way, what ever happened to taking personal responsibility for ones own actions? The roadway is not a walkway; it is meant for vehicle traffic just like a railroad is for trains. In my opinion, the lawsuit filed against Mathew has no merit and it should be dismissed.
I know it’s heartwrenching to lose a child, but tell me, what does she think she’s going to get out of this boy? He’s 18 years old. It’s not like he has a big bank account to give to her. This won’t bring her daughter back and will cost her a HUGE amount, financially, physically and emotionally. Sometimes it’s best to let sleeping dogs lie.
I hope she finds peace.