Judge dismisses new trial, acquittal motions for boater convicted of killing Naples swimmer

A Collier County judge has denied two motions for an Ohio boater convicted of vessel homicide in the 2020 death of a Naples swimmer.

Collier Circuit Judge Elizabeth Krier has denied motions for acquittal and new trial filed by attorney Donald Day, who represents James Allen, 78.

A jury on Feb. 2 found Allen, from Kirtland, Ohio, guilty of vessel homicide and violation of vessel regulations after a two-day trial before Krier.

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He was exonerated of a third count accusing him of leaving the scene of a vessel accident involving injury.

After the jury returned the guilty verdict, court records indicate. the Allen family hired MaryRose Peterson and her company Covert Ops Jury Investigations following concerns that the foreperson allegedly withheld information during jury selection..

The records said the foreperson allegedly withheld that a relative had previously been arrested or accused of a crime. According to the report, the crime involved two felony counts of racketeering and failing to report a transaction receipt.

Day filed the motions for acquittal and a new trial based on the allegations about the foreperson.

"I respect the judge's decision," Day wrote in a statement. "From time to time lawyers and judges disagree. This is why our system provides for an appeal process."

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 affidavit.

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 on scene. On March 30, 2020, Allen pled not guilty to the vessel homicide, court records indicate.

He faces deferred sentencing May 25.

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 boater to be sentenced in Collier vessel homicide case