Woman drunk but not at fault

Schoolteacher Ruth Patricia Gerding was driving drunk last July when a motorcyclist slammed into her car, throwing the biker to her death.

Gerding was prosecuted for DUI manslaughter and faced up to 15 years in prison and the lifetime loss of her driver's license. Her blood alcohol level was nearly three times the level at which Florida drivers are considered impaired. She has a DUI conviction in her record.

But the motorcyclist, Donna Lucille Bounds of Palmetto, was also drunk that night -- leaving jurors Tuesday to determine whether to assign blame solely to Gerding for the fatal crash on U.S. 41 at 69th Street East in North Manatee County.

The four women and two men of the panel decided after an hour that Gerding, 31, did not cause -- or even contribute to -- the death of Bounds. Gerding was found guilty of DUI, a misdemeanor, and sentenced to a year in the Manatee County jail.

"I think this was a life-altering experience," said a friend, Catherine Holzwart, who was among supporters who urged Circuit Judge Debra Johnes Riva not impose a jail sentence against Gerding. There were no family members for Bounds in court.

Earlier, Gerding and her attorney, Jeffrey S. Keel, rejected a prosecutor's plea deal for about 10 years in prison -- the minimum for DUI manslaughter.

Keel took a chance with the jurors.

A central issue in the case was whether Gerding had a green arrow before she made a left turn shortly after midnight on the night of the wreck. Gerding, who lives in St. Petersburg, was house-sitting for relatives in North Manatee.

After the crash, Gerding called a friend, who said in court Monday that Gerding told her she had a green arrow. Gerding was hysterical in the call.

"Oh my God. Oh my God," Gerding told her friend. "I think the person is dead."

But there were no witnesses to support the green-arrow claim.

Cpl. David R. Brunner of the Florida Highway Patrol spent days investigating the crash. His analysis including assessing the timing of the traffic lights on U.S. 41 at 69th Street East.

Gerding, Brunner said, would have had to stop at the light to trigger a cycle and a green, left-turn arrow. Cameras atop the lights control the cycle. The cameras do not record.

Brunner determined north and south traffic on U.S. 41 had green lights. A driver on 69th Street East told troopers he had a red light.

Assistant State Attorney Garrett R. Franzen urged jurors to use common sense -- that even if Gerding had a green arrow, and the right-of-way, she would not have knowingly driven into the path of another vehicle.

In the least, Franzen said, jurors should find that Gerding contributed to the motorcyclist's death even if the panel did not believe Gerding was 100 percent responsible for the crash.

Bounds made no attempt to avoid striking the side of the car in front of her, Brunner said.

Gerding's eyes were bloodshot and watery. She had trouble keeping her balance, Brunner said. Gerding's blood-alcohol level was measured at .230 -- nearly three times the limit at which Florida drivers are considered intoxicated.

At trial, Gerding's attorney agreed Gerding was drunk. But Keel pinned blame for the crash on Bounds, whose blood-alcohol content was .169 -- more than twice the .08 level that Florida drivers are considered impaired.

Bounds also did not have an endorsement on her license to ride motorcycles.

Gerding was emotionless after a court clerk read aloud the verdict, rendered after about an hour of deliberation.

At one point, Gerding turned and smiled at her supporters.

Gerding has been free on bail since her arrest. She gave up using a car even though she could have pursued getting a hardship license. Gerding continued teaching.

Keel, the attorney, said Gerding will now keep her job as a teacher because of the jury's verdict.