Attorney: Off-Duty Escambia Deputy was Speeding Before Fatal Crash
ESCAMBIA COUNTY,Fla. – A former Escambia County deputy is facing potential decades in prison following pending vehicular homicide charges related to a July 5th crash on Perdido Key drive that killed 20-year-olds Nicole Moore and Jackson Cunningham.
WEAR News reported Friday that 58-year-old Greg Nesmith will be charged with two counts of vehicular homicide. the crash occurred around 3 a.m. as nesmith,who was off-duty at the time,was returning home from a shift at the Flora-bama bar. florida Highway Patrol (FHP) stated Nesmith struck Moore and Cunningham with his unmarked patrol car as they were crossing the road.
Wrongful death lawsuits have been filed against Nesmith by the families of both victims,who are from central Alabama. Attorney Joe Zarzaur, representing the family of Nicole Moore, claims evidence indicates Nesmith was speeding substantially.
“The traffic homicide report that was released three weeks ago said this particular driver was going 74 mph in a 45 zone five seconds before the impact,” Zarzaur told WEAR News on Friday. “I think he saw them at one second and went down to around 60 mph on impact.”
While FHP has not yet publicly released facts regarding Nesmith’s speed at the time of the collision, officials stated further details from the examination will be released soon. Nesmith is currently cooperating with authorities and has not yet been arrested.
County Commissioner Stephen Stroberger previously suggested the victims may not have activated the crosswalk lights, possibly contributing to the incident. Though, FHP has neither confirmed nor denied this claim.
Zarzaur argues that Nesmith bears duty for failing to see the victims, questioning the reason for his excessive speed.”He did not work the day before at the sheriff’s office, and he was not rushing to get to the sheriff’s office to work,” Zarzaur stated. “He was headed home to Cantonment. why he left in a rush is left for us to discover. But we do know from witnesses he was passing people on Perdido key Drive just prior to this incident and he was driving 74 mph in a 45mph zone.”
Nesmith was placed on administrative leave following the crash and afterward resigned from the Escambia County Sheriff’s Office. The Sheriff’s Office declined to comment on the charges, citing their non-involvement in the investigation.
Attorneys for the Moore family have also filed a suit against their insurance company seeking underinsured motorist benefits.
zarzaur emphasized the unusual nature of the case,given Nesmith’s career in law enforcement. “We all want to give them the benefit of the doubt, which we should,” he said. “But every onc in awhile they’re doing somthing so out of the norm, outside of reasonable care that you have to consider them just like everyone else. And if somebody’s going to be that negligent, then they’re just like everyone else.”
WEAR News has reached out to the attorneys representing the family of Jackson Cunningham and is awaiting a response.
