Luke Vergo

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The investigation of a pedestrian fatality on Marco Island just after Christmas continues to reveal twists and turns in a case involving alcohol, marijuana and Oxycodone.

A Brooklyn man and his wife were crossing Bald Eagle Drive near Porky’s Last Stand Dec. 30 when they were struck by a white 1996 Honda Civic driven by Luke Vergo, 24 of Marco Island.

Initially it was revealed that Vergo passed a field sobriety test, indicating the driver did not have intoxicants in his system while one of the pedestrians had alcohol in his system.

The recent release of the Marco Island Police Department’s 25-page report reveals there was a little more to the story.

Alan O’Hea, 72, had a blood alcohol content of .18 percent, more than double the .08 percent required by state law to prove a motorist is intoxicated by alcohol. He was killed on the scene. His wife, who was crossing the street alongside him, did not have any evidence of drugs or alcohol in her system. Jeanne O’Hea, 69, suffered numerous broken bones and internal bleeding.

Their son Chris O’Hea, 36, said his father was a young-spirited man enjoying the holidays with his family.

"He was a loving husband, devoted father of four and grandfather of eight. He loved life, Marco Island, fishing and eating at Guy Harvey’s. His life was taken too early. We love him and miss him," O’Hea said of his father.

He said he was concerned his father would be portrayed as an old, swaying drunk and the young driver a "choir boy."

A full investigative report recently revealed that the driver also had potential intoxicants in his system. However Assistant State Attorney Laura Farrell did not believe the evidence of controlled substances was enough to charge Vergo with DUI manslaughter.

"The field sobriety test is designed to detect impairment from any source," said Samantha Syoen, State Attorney’s Office communications director.

Investigator Chris Lugo performed the field sobriety test and wrote in his report that based on the exercises performed by Vergo he "was able to determine that (Vergo) was not intoxicated."

Toxicology tests taken from samples provided about three hours after the accident revealed that Vergo had both evidence of marijuana and Oxycodone in his system.

Substances besides alcohol can be difficult to quantify, Syoen explained.

Vergo was not under arrest or handcuffed on the scene of the accident, but placed in the back seat of the car to calm down, investigators reported. A video of Vergo sitting in the back of the police car revealed he spoke to a friend about items thrown in the bushes near the ambulance. The video was reviewed by investigators for the first time a couple days after the incident.

Chief Investigator Pete Beucler wrote that three days after the accident, he found "two clear plastic baggies with a green leafy substance inside" near the location of where Vergo was directing his friend over his cell phone.

Vergo was not arrested at any time during the investigation.

Vergo’s attorney Jerry Berry provided the police with a copy of his client’s prescription for the Oxycodone pain medicine. The 30-pill prescription was dated nearly 11 months prior to the accident. No additional documentation was provided in the report and all investigators in the case have been unavailable for comment this week.

According to the report, Dr. Robert White, a PhD in organic chemistry and director of the drug lab, DSI Laboratories, advised that the level of Oxycodone in Vergo’s blood was "above the therapeutic level and would impair Mr. Vergo’s ability to operate a motor vehicle."

White added that he would need to know the approximate time when Vergo took his last Oxycodone pill to determine his toxicological level at the time of the accident.

The couple’s son Chris O’Hea, requested the family, including his mother who maintains an address on Marco Island as well as Brooklyn, N.Y., not be reached for comments on the case. The family declined to comment on whether they wished for prosecution.

The State Attorney’s Office denied the charges against Vergo for DUI manslaughter and DUI serious bodily injury seven days after the MIPD’s request dated May 27.

Farrell turned down the case due to "insufficient evidence to prove beyond a reasonable doubt."

According to Vergo’s accounts in the police report, he was heading north on Bald Eagle Drive. The car in front of him turned right on Chalmers Drive and when he went to pass that car, the pedestrians "appeared in front of his vehicle."

The pedestrians according to Beucler’s reports were crossing the road east to west.

There were no witnesses found who observed the impact.

Sara Humber of Naples was driving southbound when she observed the pedestrians and vehicle before the accident and following the crash. She told police she did not see anything unusual about Vergo’s driving, such as speeding or erratic driving.

Court records show Vergo was charged with two prior traffic offenses in Collier County including reckless driving but both were dismissed or adjudication of guilt withheld after he took defensive driving courses.

Beucler’s report indicates there were "no environmental factors" that contributed to the accident which cost a man his life. Police Chief Thom Carr and City Councilor Frank Recker both commented that it’s not particularly well lit in front of Porky’s where the accident occurred.

Syoen said, "It just goes to show that just because there is a fatality doesn’t mean anyone committed a crime."

As for possession of a controlled substance, Syoen said her office wasn’t asked by MIPD for any charges on that count. Carr said no other charges are being presented in regards to the case.