BREVARD COUNTY, Fla. (WOFL FOX 35) - Thomas Gregory pulled up his shorts, so a jury could see the scars left by the twisting and breaking of both legs almost a year ago in front of his home on Bahama Blvd.
The 13-year old testified he was playing a game darting across the street with his friends at night on New Year's Eve 2014, when he was struck by an SUV allegedly driven by 29-year-old Michelle Simkins. "I heard, 'Go!' which was to start the game, and so I remember taking that first step towards the end of my driveway, and then I don't remember anything else," he said.
His father remembers. He was inside at the time, and raced to his son's side after hearing what he called a loud crunching sound. "He was unconscious, he legs were mangled, one foot was up here, his left femur was twisted, he had his legs mangled and he was on his back."
Police say Simkins never stopped and they didn't find the Cocoa woman until the next day when, thanks to a tip, they located her damaged SUV parked on her front lawn. State prosecutors say they have a recorded phone call with Simkins which proves she intentionally left the scene, "because she didn't have a license and because she was high."
Prosecutors appear to have a strong case against Simkins, but her defense attorney, Oscar Hotusing, began by asking whether the victim could be legally considered a pedestrian at the time of the accident. "Was running out in front of the car a pedestrian? You're also going to have to decide if there is other issues, like the injuries and the knowledge of the injuries. So it's a lot more complicated than someone hit the car."