Day after boater found guilty in swimmer's death, attorney asks for new trial
A day after a jury found an Ohio boater guilty in the death of a Naples swimmer nearly three years ago, his defense attorney filed a motion for a new trial.
A jury on Thursday found James Allen, 78, from Kirtland, Ohio, represented by Donald Day, guilty of vessel homicide and violation of vessel regulations after a two-day trial before Collier Circuit Judge Elizabeth Krier.
He was exonerated of third count accusing him of leaving the scene of a vessel accident involving injury.
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Allen was on a boat about 3:30 p.m. March 5, 2020, when he struck a swimmer and fled, according to a Florida Fish and Wildlife Conservation Commission arrest report.
The swimmer, identified as 57-year-old Onofrio Sozio, of Naples, died from his injuries, according to the affidavit.
Beach patrol at Vanderbilt Road Public Beach, in North Naples, thought they saw a swimmer in distress about 40 yards from the shore.
Responding deputies also received a picture of Sozio in the water with the boat around him and other swimmers.
First responders took Sozio to Naples Community Hospital as a trauma patient and then airlifted him to Lee Memorial Hospital in Fort Myers, where he died, according to the report.
Allen was operating the boat with his brother when he struck Sozio near a red buoy, which identifies the edge of the swimming area.
Allen threw a personal floating device at Sozio and turned around, according to the affidaivt.
Approximately 20 minutes after the crash, Collier County deputies located Allen at the Cocohatchee boat ramp at Delnor-Wiggins Pass State Park.
During their investigation, deputies found human remains attached to the lower end of one of the motors.
Allen was arrested at the scene.
On March 30, 2020, Allen pled not guilty to the vessel homicide, court records indicate.
The Daily News reached out to Allen's attorney, Donald Day, but didn't receive a response before publication.
Allen faces deferred sentencing March 14. Day also filed a motion for acquittal in the case.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Twitter @TomasFRoBeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.
This article originally appeared on Naples Daily News: Ohio man guilty of Naples swimmer's death; wants new trial
