Judge delays sentencing of North Naples man accused of causing fatal 2016 Lee County crash

A Lee Circuit judge on Tuesday continued to Friday the sentencing of a North Naples man accused of stopping on Interstate 75 and causing a fatal 2016 crash, following hours of witness testimony, cross-examination and oral arguments.

After a full-day hearing, Lee Circuit Judge Ramiro Manalich said he wanted to take more time before announcing the sentence of Zachary Kureth, 25, who faces felony charges of vehicular homicide and reckless driving causing serious bodily injury, and a misdemeanor charge of reckless driving causing damage to person or property.

“I told counsel, they know from my prior practice, that especially when I’ve been given this amount of information that I do like to think about it and not make a snap decision from the bench,” Ramiro told the half-full Fort Myers courtroom. 

“And I do think that's fair to both sides.”

Kureth’s scoresheet, a point system that provides sentencing guidelines in Florida, adds up to 12 years in prison, Assistant State Attorney Martin Stark said. Prosecutors on Tuesday asked for a sentence of no less than 10 years.

Kureth, who pleaded no contest to his charges, was arrested following an April 19, 2016, crash that killed Robert Weinland, 79, of Sarasota, and seriously injured Weinland’s passenger and wife, Gisela Weinland. 

Florida Highway Patrol troopers said Kureth intentionally hit the brakes on southbound Interstate 75, between the Daniels Parkway and Alico Road exits, "in an act of road rage.”

Kureth, who had been placed on probation 11 days before the fatal crash due to a DUI conviction, initially told troopers that a car slowing down in front of him had triggered the crash, prosecutors said. 

But video footage from a nearby warehouse showed Kureth driving in front of Weinland's minivan and slowing to a complete stop before a tractor trailer plowed into the back of Weinland's car seconds later.

On Tuesday during his testimony, Kureth admitted that he wasn't truthful with troopers at first. 

“I was scared; I was also on probation at the time,” Kureth, dressed in a red jumpsuit, shackles around his waist, said, reading from a letter. “I lied to several officers, and I lied to myself.

“I know why I slowed down, but I don’t know why I stopped.”

Kureth also apologized to the Weinland family — many of whom also testified Tuesday, including Robert Weinland’s daughters and wife — and asked for their forgiveness.

“Mr. Weinland was not only your husband, he was a father and a grandfather. I know it did not only impact your life but the entire family. Sorry might not be enough. I cannot truly express my remorse for you and your family,” Kureth said. 

“It’s not fair you lost your loving husband. I wish that day happened differently. I can’t change the past, but I just ask that you and your family please forgive me.”

That day Robert and Gisela Weinland were driving their 2015 Chrysler Town & Country to the airport on their way to catch a plane to Italy to celebrate Robert Weinland’s upcoming 80th birthday. 

But Kureth, prosecutors said, lost his temper earlier in the day when he was at the DMV trying to reinstate his driving privileges and could not immediately get his license back.

“You were angry when you left?” Stark asked Kureth during cross-examination. 

“I was upset, yes,” Kureth said.

Later that day, driving south on I-75, Kureth said, he pulled in front of Weinland’s vehicle after Weinland came into his lane and forced him into the exit lane. 

“And then when you’re in front of the Weinlands, you could’ve kept going the same speed with nothing to obstruct you, no other cars,” Stark told Kureth. “But instead of continuing on your day, you’re going to make Mr. Weinland pay for weaving into your lane.”

But Kureth’s defense attorney Peter Ringsmuth argued Tuesday that while Kureth’s action’s undoubtedly set the chain reaction in motion, his client came to a “controlled stop” and the truck driver that plowed into Weinland’s car was “dangerously inattentive.”

“He didn’t apply the brakes until he hit Mr. Weinland’s vehicle,” Ringsmuth said. 

Kureth, Ringsmuth said, accepted full responsibility for his actions and showed remorse. He said his client’s actions that day didn’t fit the person he is. 

“He did the worst thing against his character on this day by not thinking about other people, not thinking far enough back down the road,” Ringsmuth said.

A slew of witnesses, many friends and family of Kureth’s, testified to his character Tuesday and asked the judge to show mercy during often emotional testimonies. Friends and family of Robert Weinland also took the stand, talking about the loss they experienced that day.

“Every day is hard,” said Jessica Curry, Weinland’s foster daughter, her voice cracking. “But some days are outright terrible with him gone.”