Family will sue Sheriff's Office

The family of Donna Chen, who was killed in early January on Siesta Key by an allegedly drunken driver, announced Wednesday it will notify the Sarasota County Sheriff’s Office of its intent to file a lawsuit against the agency in an attempt to seek damages for negligent actions resulting in her death. 

The Sarasota-based Mallard Law Firm, which represents the Chen family, announced the decision Wednesday via a press release.

“We believe the actions of the deputies were negligent and careless by directing these gentlemen to drive home under the influence, and, unfortunately, at the cost of my client’s life,” said lead attorney Damian Mallard.

On Jan. 7, an allegedly drunken driver hit Donna Chen while she was jogging and dragged to her death. The driver was Blake Talman, according to a police report.

Talman, along with two others, had earlier been confronted by police officers while drinking on the beach. Officers allegedly instructed the gentlemen to “go home or go to jail.” 

The release states the deputies created a “zone of risk of injury” by directing an obviously intoxicated Talman, who was holding car keys, to leave the beach or be arrested. The police report also states Talman failed to stop at an intersection, hit a vehicle and then fled the scene of that accident, where he lost control of the vehicle and struck Donna Chen.

“This is a very serious situation,” Mallard said. “It is not about financial restitution for this family, it is about public safety and holding the Sheriff’s (Office) accountable for their actions that day.”

Sheriff’s Office Community Affairs Manager Wendy Rose said the Sheriff’s Office does not comment on pending litigation.

State law requires that a sheriff or sheriff’s office be given six months’ notice prior to being sued. The notice of intent to sue gives the Sheriff’s Office and the County Attorney six months to investigate and offer a settlement if they wish. If the case remains unresolved, Chen’s family can move forward with a lawsuit.
Rose, however, said she anticipated the Sheriff’s Office will receive its official intent to sue April 26.

Diane Eduardo, sister of Donna Chen, reiterated the lawsuit is not about damages.

“Right from the beginning, we have felt a lot of people could have prevented this tragedy,” Eduardo said. “There isn’t any accountability.”

Eduardo said if the lawsuit isn’t filed, there would never be any accountability for her sister’s death.

“If we don’t do this, the same type of senseless tragedy will happen again,” Eduardo said.

Making sure the Sheriff’s Office doesn’t allow people to leave the beach intoxicated in the future is the main focus of the pending lawsuit, Eduardo said.

“Those officers should never have let those boys leave the beach,” Eduardo said. “They knew they had the keys to the car and they knew they were going to leave in the car.”

Eduardo, meanwhile, expressed frustration with the Sarasota County Commission for not taking any action on the regulation of alcoholic beverages at county beaches and parks to date.

Since the accident, a debate has sparked regarding whether alcoholic beverages should be allowed on the beaches. Some members of the public are pushing for a countywide ban.

At a March commission workshop, Sarasota County Sheriff Tom Knight and his staff revealed Siesta Key beach statistics for 2011 that showed only 0.3% of the estimated 2.4 million beachgoers that year were arrested on alcohol-related charges.

Knight said he was willing to work with county staff on any ordinance change the commission wanted to take but explained it would violate constitutional rights to take away beachgoers’ keys and open their coolers to search for alcohol.

“It becomes a gray area when we have to start taking away keys and searching coolers,” Knight said at the workshop.

So far, the commission has yet to discuss the issue again since Knight made his presentation March 29.
The lack of movement on a county alcohol ban, Eduardo said, is troubling.

“Our whole family has to get together and see what to do and how to go about getting that alcohol ban,” Eduardo said. “It would have saved my sister’s life and it will save the lives of others.”