Sentencing pushed to August for Osprey man involved in hit-and-run that killed teenager

The sentencing for David Chang, 66, an Osprey man charged in connection to a hit-and-run crash that killed a 13-year-old bicyclist, has been postponed until August, leaving the teenager's family frustrated that they must wait for closure for another three months.

Sarah and Paul Alexander, Lilly's parents, attended the hearing Tuesday and expressed their frustrations afterward, particularly about a second motion filed Monday by Aiken in which he asked the judge to impose a "fair and just" sentence where Chang would serve no time in state prison, but rather confined to his home for three years.

"It's just so hurtful as a family where he in his motion states that there's no victim in this case and that he likens it to an animal crossing the road, it's like this is our 13-year-old child," Sarah Alexander said. "It's so hurtful to us. It's just dragging it further into the mud."

Assistant State Attorney Joshua Wertheim said that since the defendant is entitled to a pre-sentencing investigation, he's forced into the situation of having to accept the continuation, even though he noted he'd like to object as Lilly’s family has already been waiting for closure for two months. In addition, many family members from across the United States had already booked flights and hotels to come to testify and now must wait.

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Wertheim also raised concern that the delay might allow for the defense to produce new witnesses for the sentencing, although Aiken said he doesn't anticipate adding any new witnesses for the sentencing hearing.

Chang was arrested and charged with leaving the scene of the crash involving a death and alternating or destroying evidence in August 2022 outside his home a day after Lilly, whose parents asked ABC7 to not use her last name, was hit by a car at an intersection near Pine View School, according to previous Sarasota Herald-Tribune reporting and an affidavit in the case. The affidavit stated Lilly was bicycling across the intersection of East Bay Street and Old Venice Road near the school when a dark-colored sedan hit her in the mid-afternoon. She died 11 days after the incident due to injuries she sustained.

Chang's defense attorney, Peter Aiken, filed a motion for continuance on May 13 to allow for the pre-sentencing investigation to be completed and for an evidentiary hearing.

In the motion, Aiken not only states in bolded letters that "there is no 'victim' in this case' but also draws an analogy that the incident is similar to a situation where a pet runs into traffic and is hit by a car. While heartbreaking, if the car stops or returns doesn't change the fact the pet ran out into the road, Aiken states in the motion.

During the plea hearing in March, Wertheim recommended a minimum of 15 years in prison with an undecided amount of probation following, and the 66-year-old could face an additional 10 years if points are added to his case.

In a court document filed Monday, Aiken stated that Chang "is a man who spent his entire life serving his fellow man, and God. Before the Court is a man who in terms of a driving record, who in forty years has, never had an accident, and was designated as a 'safe driver' as a result of his impeccable driving record."

Aiken argued that the State's position in seeking a 15-year sentence is punishing Chang as if the case was a DUI or vehicular homicide, rather than simply what the defense deems as a tragic accident.

"My heart breaks for the parents, but my heart also breaks for my client as it was an unavoidable situation where she didn't stop, went through a sign, and rode directly into oncoming traffic. I'm not blaming her," Aiken said.

Aiken states that Chang leaving the scene after the crash didn't contribute to Lilly's death and that punishing him for the death would create further hardship for Chang's elderly wife who depends on her husband's support and care.

According to the affidavit in the case, Chang told investigators he initially turned around to check on Lilly but drove off after seeing she was surrounded by several people. He then drove to Tampa to an auto repair shop to have his car repaired from the damage "from the collision with the bicyclist."

The minimum sentence, in this case, is 22.4 months with a statutory 48-month minimum mandatory sentence. However, if the Court imposes what is known as "death points" the minimum sentence would then be 112 months, or a little more than 9 years.

Aiken is asking the Court to depart or change the length of the term that the guidelines would impose, and not add the "death points," instead sentencing Chang to three years of home confinement. The total sentence would include the nine months Chang has already been confined at the Sarasota County Jail since his arrest, effectively making the sentence four years.

Aiken said that Chang's conduct was "impaired" by the trauma of the accident, especially since he had never been in one before, and that the panic and shock that followed caused him to flee the scene. Aiken argues that even if Chang had stayed and provided officers with the required information, it wouldn't have changed the outcome.

"The reality is however that leaving the scene in no way contributed to the injury and ultimate death. Chang's human 'failing' was his panicked reaction and the terrible decision to not stop," the document states.

Aiken acknowledged that there is no good outcome in this case, saying his client's life has been destroyed. He added that if the judge "scores the guidelines appropriately" Chang would score for 22.4 months with a mandatory of four years. Either way, Chang will face consequences for his actions.

Sarah and Paul Alexander hope that the judge gives Chang the maximum of 35 years in prison because they believe he's a danger to the community, especially after the way he and Aiken have treated the case.

"The self-preservation and defiance, as we said a week ago, is wearing thin, and them having to file another motion completely victim blaming, saying there is no victim, and going forward, asking for less than the bare minimum of what our court system calls for is once again bold and defiant and we hope the court system serves appropriate justice," Paul Alexander said, adding he and his wife hope that the assistant state attorney lifts his recommendation.

Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on Twitter.

This article originally appeared on Sarasota Herald-Tribune: Sentencing postponed for Osprey man involved in hit-and-run crash