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State Attorney Files 1st Degree Felony Charge Against Fischer in Hit-and-Run Case

| February 28, 2012

Jamesine Fischer. (FCSO)

Update, Feb. 28: The State Attorney’s office on Monday filed a first-degree felony charge against Jamesine Fischer, signaling that it will prosecute the hit-and-run case that led to the death of Francoise Pecqueur, the 76-year-old woman Fischer struck with her PT Cruiser on Columbia Lane in November. The charge, leaving the scene of an accident with a death involved, initially filed by the Florida Highway Patrol, was not official until the State Attorney’s decision to prosecute.

Assistant State Attorney Ben Fox will prosecute the case. Fischer is being defended by Steven Alexander, who told the Palm Coast Observer this week that Fischer intends to plead not guilty. That will lead to a trial. Fischer has already settled a civil, wrongful death lawsuit, through her insurer, awarding the daughter of Francoise Pecqueur–the 76-year-old woman killed on Columbia Lane in November–$1.25 million.

Fischer is married to John Fischer, the Flagler County School Board member, who had several private conversations with Flagler County Sheriff Don Fleming in the 36 hours following the hit-and-run. Those calls have raised questions about Fleming’s involvement. The timing of the case, in the thick of an election season–Fleming is seeking his third term–means that it will remain one of the defining issues of the election season. Fleming’s opponents are already criticizing him for his handling of the case, and one of them–former Sheriff Jim Manfre–jumped into the race because of the Fischer issue. Fleming will likely point to the severity of the charge slapped on Fischer as proof that no deal was cut, though it’s still possible that the trial could be scheduled for after the election, and a plea agreement cut then.

Th previous report on Fischer’s arrest is below.

Feb. 24

Jamesine Fischer, School Board Member’s Wife, Is Arrested on Hit-and-Run Charge

Jamesine Fischer, the wife of Flagler County School Board member John Fischer, was arrested and jailed today on a charge of hit-and-run in connection with the death of Francoise Pecqueur, the 76-year-old woman struck by Fischer’s PT Cruiser on Columbia Lane in Palm Coast in November.

Click On:

Fischer , 55, of 45 Freeland Lane in Palm Coast, was charged with leaving the scene of an accident with a death involved. Bond was set at $30,000. She posted bond and has been released. She was brought to the jail by Steve Alexander, her attorney. She was booked in at 7:18 p.m.

Public attention is generally least attuned to news sites on Friday evenings and Saturdays.

Ficher was at the wheel of her PT Cruiser when, the evening of Nov. 10, she struck Pecqueur as Pecqueur was walking her dog on Columbia Lane, as she often did, near her boyfriend’s house. It was dusk. Pecqueur died two days later.

What took place on Columbia Lane remains murky. A neighborhood resident driving noticed Pecqueur in the swale and called 911, and during the call referred to another woman at the scene, later identified as Fischer. But Fischer herself did not tell paramedics or authorities that she had been involved in the incident.

Francoise Pecqueur (Pecqueur family)

It’s also not clear from the record so far whether she left the scene and returned. Meanwhile, Pecquer was agonizing in the swale, attended by paramedics who reported the case–and responded to it–as a fall, not an auto accident. It was only when Pecqueur was examined by doctors at Halifax Hospital that it was determined she’d been struck by a vehicle, because of the severity of her injuries. About 12 hours later, her husband, John, called Flagler County Sheriff Don Fleming, who told him to call 911 and report the accident, though Fleming said Fischer told him his wife thought she’d hit a dog, not a person.

The Florida Highway Patrol impounded the PT Cruiser the morning after the accident, and began its homicide investigation. Fleming subsequently had five more conversations with John Fischer, which he said had no bearing on the investigation.

Leaving the scene of an accident where there’s no injury is a misdemeanor, with a maximum penalty of 60 days in the county jail and (or) a fine of $500. Leaving the scene of an accident where an injury or death is involved is a felony.

“It’s probably her first offense, probably given some sort of probation. Given the circumstances where she left the scene of the accident, that’s pretty aggravating, I think, left the woman to perish, and then lied about it, or covered it up. That’s probably going to result in some concern by the court,” Phil Chanfrau, the Palm Coast attorney, said. “The aggravating circumstances are something the court will have a hard time overlooking.”

Catherine Vyvyan, Pecqueur’s daughter, filed a wrongful death civil lawsuit against Fischer on Jan. 27. Ten days later, State Farms, the Fischers’ auto insurer, settled the lawsuit for $1.25 million, an unusually rapid turn-around time.

“I would say due to the egregious nature of Ms. Fischer’s conduct that that prompted State Farm to settle the matter sooner rather than later,” Allan Ziffra, the attorney representing Pecqueur’s daughter, concluded at the time. “Our position is that Fischer’s conduct was beyond the boundaries of human decency and Catherine will pursue justice for the loss of her mother.”

Below is the relevant Florida law in the case.

Florida Statute 316.027 Crash involving death or personal injuries

(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) The driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who is arrested for a violation of this paragraph and who has previously been convicted of a violation of this section, s. 316.061, s. 316.191, or s. 316.193, or a felony violation of s. 322.34, shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903. Any person who willfully violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who willfully commits such a violation while driving under the influence as set forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 2 years.
(c) Notwithstanding s. 775.089(1)(a), if the driver of a vehicle violates paragraph (a) or paragraph (b), the court shall order the driver to make restitution to the victim for any damage or loss unless the court finds clear and compelling reasons not to order the restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund under chapter 960. Payment of an award by the Crimes Compensation Trust Fund creates an order of restitution to the Crimes Compensation Trust Fund unless specifically waived in accordance with s. 775.089(1)(b).
(2) The department shall revoke the driver’s license of the person so convicted.
(3) Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is obstructing traffic, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic. Any person who fails to comply with this subsection shall be cited for a nonmoving violation, punishable as provided in chapter 318.
(4) A person whose commission of a noncriminal traffic infraction or any violation of this chapter or s. 1006.66 causes or results in the death of another person may, in addition to any other civil, criminal, or administrative penalty imposed, be required by the court to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.
(5) This section does not apply to crashes occurring during a motorsports event, as defined in s. 549.10(1), or at a closed-course motorsport facility, as defined in s. 549.09(1).

Florida Statute 316.062–Duty to give information and render aid

(1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.
(2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1).
(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

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70 Responses for “State Attorney Files 1st Degree Felony Charge Against Fischer in Hit-and-Run Case”

  1. says:

    no jail time , community service and probation that is what is in the works. the system is a joke.

  2. FLATTRUTH says:

    Good job Sheriff Fleming! You are Flagler’s top law enforcement officer and now you are starting a lawyer referral service for people who cause the death of innocent civilians. Enough is Enough!

  3. John Smith says:

    Well that is great news. Now that she paid the family cash for her mistake maybe she will have to pay the justice system with some time for her crime. Justice may finally be served in one case.

  4. Elaine says:

    I think it’s entertaining how this article is written to try and persuade the reader to think that Sheriff Fleming and Mr. Fischer’s phone calls are still under suspicion. The woman was arrested, which is what everyone was waiting for as proof that the Sheriff was not doing anything fishy behind the scenes. Here’s to high hopes that this will be enough to simmer the boil in regards to his diplomacy.

    • Martha says:

      I hope so too Elaine but people are always looking for. Something even if it is contrived. There will be a spin to this too so it is kept alive until elections.

    • Judith M says:

      Oh, please. Like is there is nothing fishy about this case. It wreeks of wrongdoing by our sheriff and a schoolboard member. What a joke to think that they are above the law! I hope she gets jail time and the public service of both of the men are ruined. May Franscoise rest in peace. She was a wonderful woman and a friend of my mothers.

      • Emilie Romanet says:

        She will not get any jail time ” ma cherie ” Its corrupt . Specillay Steve Alexander was good in defend all cops kids … get way with DUI …. DRUGS ….Madam Fischer will get away with justice too , oh poor woman she was scared so she have to lies ….

    • Layla says:

      I think it’s entertaining how many of the sheriff’s supporters have taken every opportunity to tell us what a wonderful sheriff he is, even through the haze of the marijuana smoke…

  5. Anonymous says:

    @Elaine, The moral, professional and correct thing one would expect from a career cop is that he would have cut the first phone call short. It’s funny how it’s a double standard and benefit of the doubt is given when it comes to the so-called leaders of the City the one’s that think Palm Coast is their own personal playground. You and the other people that share your way of thinking really believe that the rest of the community is that stupid. It’s funny how “Jamesine the drag racer” did just enough to avoid the hammer dropping on her. No, doubt her and Hubby didn’t figure that one out on their own (THE PHONE CALLS)! IF A VIBRANT ELDERLY PERDESTRIAN CAN”T GET JUSTICE BECAUSE OF A “CIRCLE THE WAGONS” UNWRITTEN CODE WHO CAN????? That mugshot wreaks of alcohol!

    • Katie Seamore says:

      @Anonymous, can you please explain the comment that you made that the mugshot wreaks of alcohol?

    • David says:

      She went down to the Inmate facility turn herself over to FHP the arresting agency. Was placed in the back seat and driven about 75 yards to the booking center. She was charged with a felony crime which could carry a sentence up to 30 years. The state attorney will more than likely file the charges against her very shortly. Where do people get that this will be treated favorable ? The Law is the Law.

  6. Maryjoe says:

    The whole thing is just so tragic.

  7. County Worker says:

    How can you run someone over, not stop to see what damage you caused, wait countless hours to report the accident and still get a bond set?

  8. Honest Abe says:

    To all the Nay Sayers out there blaming the Sheriff for advising a friend to call 911 after being told of an accident involving a dog, blaming dispatchers for not recognizing (through phone lines) that it was more than just a medical condition, paramedics for not recognizing the same and Florida Highway Patrol for not conducting their investigation quicker than you would like, it’s time to move on, of course only until this case goes to court and its’ outcome, regardless of what that is, will not be to your liking. This was a crime and a tragedy for the Pecqueur Family, their friends and all involved not the opportunity for those with political agendas to sound off. Hopefully, this is the beginning of closure for her family, may she rest in peace.

    • Layla says:

      not until we see those phone records. this arrest does not clear up the question of right and wrong for the sheriff. I think it’s safe to say those phone calls weren’t about the quality of education in this town.

      • Ben Dover says:

        They were friends for years before this accident , friends are allowed to talk , ask for and give advise, stop letting the News Journal put some secret scandal in your pea brain …..geez get a life will ya

  9. elaygee says:

    When she’s found guilty, her punishment should be to be hit by a car and then wait a few hours till someone calls an ambulance. That would be justice.

  10. Gia says:

    No sympathy she must be canned like anybody else. She knew what she was doing.

  11. Do you know says:

    What took so long for an arrest?

    • Anonymous says:

      Seems to me two things.
      1) When you arrest someone the right to a speedy trial starts-you can research what that means
      2) FHP knew it was a big case and wanted to get all of the facts, interviews and evidence togther before filing the charges with the State Attorneys Office.

  12. YAAS says:

    I am not so sure that Fleming did anything’s wrong, but it is obvious that Fischer attempted to call in a favor. Anyone with morals wouldn’t wait 12 hours and would call 911 and then a lawyer the moment she realized what happened! The delays and apparent concern only for avoiding trouble indicates there was far more wrong with Jamesine than her thinking she hit a dog! There’s just No excuse for her irresponsible and sophmoric behavior!

  13. Geezer Butler says:

    Round 2 of “FischerGate.” I predict a slap on the wrist.
    It’s been an easy ride so far with State Farm bearing the brunt.
    (not that I care that State Farm lost 1.25 mil)

    This woman’s statements smell worse than a fish market in a blackout.
    So are the sheriff’s, and her husband.

    Anyone else would be facing trial for negligent vehicular homicide,
    and leaving the scene of an accident. Not here though, that’s just for the “little people.”

    “I thought I hit an animal.”
    So says Miss Sitting Bull as she looks at her broken windshield.
    Was it BigFoot?
    No, it was the kindly old lady you were looking over in the swale – after you mowed her down!
    You know – the unresponsive one…..?

    Goodnight nurse!

    • Helene says:

      Very succinct and all points were spot on.

      Now, if I could get one of you law aficionados to explain the procedure when a driver does indeed hit an animal. Really??! Are all citizens supposed to call 911 if they actually do hit a dog, cat, squirrel, bird, ……? That will certainly keep emergency operators busy in Palm Coast. According to the Sheriff, even if it is 12 hours later, we should call 911 to report an animal killed. If that is true, I doubt many people know that.

      • Martha says:

        If someone hits an animal large enough that it is a road hazard I hope they would call it in so the danger to other drivers can be removed.

  14. Dave says:

    Anonymous… I do not mean to attack you but my nose must not be working because I have sniffed her mug shot 5 times now and I just can not smell the alcohol you say she wreaks of, (however i did catch a hint of peanut butter ) with statements like that I would remain Anonymous too, What a lynch mob some of you people sound like ! may Pecqueur rest in peace and the truth all come out in the end so some of you can get rest you so need because this case is wearing you guys out : )

  15. palmcoaster says:

    Is the sheriff going to formalize as a consultant to advise for lawyers services to all and not only the Fischer’s? Consulting is very profitable…otherwise look that the other government agencies records investing and wasting our taxes on phony high high paid consultants!

  16. the montecito says:

    Sadly Ms.Franscoise died due to someone that likely should not have been behind the wheel of the car. The reason is known by two people.

    Rest in peace Madam!!

  17. Why says:

    Why is this woman now being arrested, and not immediately following the incident?
    Did the arrest have anything to do with the constant discontent of the public and News Journal?
    Why is she not being charged with manslaughter?
    Did Sheriff Fleming bail her out?

    • Ben Dover says:

      Because the same idiots that chased a woman off the highway and through the rush hr streets of Palm Coast, causing accidents and injuries were the ones doing the investigation, Not the local police.

      • Anonymous says:

        “Idiots”? If you read the arrest report you would have learned that she was a safety concern before she even entered Flagler county Her mother lives here in Palm Coast-exiting to seek safe refuge? What local police are you talking about? Palm Coast does not have a Police Department. The Sherffis Office is staffed by deputies not police officers.
        I really think facts are in order not mistruths or juvenile name calling. .

        • Ben Dover says:

          I`m talking about the FHP, they are the ones who were investigating the Fischer case , not the FCSO, and they are the ones who caused a nine car pile up on Palm Coast pkwy chasing that woman off 95,and into rush hr traffic, we live in Flagler county , there for FCSO IS the local law enforcement , get a clue moron!!

  18. some guy says:

    Why says:
    February 25, 2012 at 9:58 am
    Why is this woman now being arrested, and not immediately following the incident?
    Did the arrest have anything to do with the constant discontent of the public and News Journal?
    Why is she not being charged with manslaughter?
    Did Sheriff Fleming bail her out?

    1.because it was first thought to be a medical call not a accident or crime.
    2. nope sometimes our justice system take time.
    3. I belive more charges can come.
    4. I would think not.

  19. JP says:

    $1.25 milion…wow….humm?…..that would make you a little happy…right? And for the driver….

  20. Nancy N says:

    Good heavens people, are you listening to yourselves sounding like a blood thirsty lynch mob? This is not how civilized society operates, or how civilized people talk.

    Just because the system isn’t giving you instant gratification doesn’t mean that its wheels aren’t turning. Justice isn’t an instant vending machine where you can push a button and it dispenses instant results. It is a slow and deliberate process, that takes time to reach a conclusion. Which is as it should be when people’s lives are being weighed in the balance.

  21. says:

    you people think you are mad now about this, wait until sentencing time and she receives no jail time. it’s a good possibility./

  22. Spoton says:

    Judith M.

    Above the law, because Law Enforcement took a phone call -I think at the time of the call it was about
    a dog and advised accordingly?

    It is tragic for both familes involved, may she rest in peace.

  23. Out of curiosity says:

    “It is tragic for both families involved” … There could have been a different outcome had Mrs. Fischer done the right thing immediately.

  24. dontbesoparanoid says:

    “Layla says:
    February 25, 2012 at 9:23 am
    I think it’s entertaining how many of the sheriff’s supporters have taken every opportunity to tell us what a wonderful sheriff he is, even through the haze of the marijuana smoke…”

    What are you implying Layla?

  25. Anonymous says:

    @Dave: Guess what? Until you post your full name your ANYNOMUS also! Anything written is exactly what it’s meant to be a comment – 1.
    a. A written note intended as an explanation, illustration, or criticism of a passage in a book or other writing; an annotation.
    b. A series of annotations or explanations.
    a. A statement of fact or opinion, especially a remark that expresses a personal reaction or attitude.
    b. An implied conclusion or judgment: a novel that is a comment on contemporary lawlessness.
    3. Talk; gossip: a divorce that caused much comment.
    4. Computer Science A string of text in a program that does not function in the program itself but is used by the programmer to explain instructions.
    5. Linguistics The part of a sentence that provides new information about the topic. Also called rheme.
    v. com·ment·ed, com·ment·ing, com·ments

    I think your missing the point. Most citizens of Palm Coast May not know Mrs. Fischer or have the full story fair enough. Any person described in any article court case past or present accused of what is alleged to have happened is going to be under great, scrutiny criticism and so on. Especially from local citizens/peers. The reason this has struck a nerve with many is because this was a Mother a Grandmother and anyone with a heart should be able to relate to that. So excuse some for taking it personal. Anybody that goes on record and says this is a classic by the book procedural case is truly not being honest. It’s one thing to support your friends (referring to posted comments) but to turn a blind eye to the facts that have and had to be painfully extracted to inform the tax paying citizens/peers of the accused in regard to the death of a neighbor is not too much to ask and probe. The “concerned commenting” don’t benefit by this at all. So you need to ask yourself who does benefit? Who has resources in their corner. Do you know why impartiality is worse than prejudice? Because one can hide it better. The down-turn of economics has given a lot people a wake up call and shown them somethings that in the past they may have been in denial about, investigations aren’t handled equal, arrest aren’t equal, justice isn’t equal. Sometimes your or I are just a stat. If you haven’t noticed in about the past year and a half people speaking up has contributed to the fall of larger than life Dictators not to mention the secrets of US politicians being spilled out. Everything is under the microscope and some who insulate themselves and do things the old way have to realize everything whether a crime or politics will be dissected and picked apart sooner or later.

  26. Anonymous says:

    Do you know why partiality is worse than predjudice? Because one can hide it better.

  27. Anonymous says:

    (Nancy N says:
    February 25, 2012 at 2:31 pm
    Good heavens people, are you listening to yourselves sounding like a blood thirsty lynch mob?)

    how true nancy sounds like they want a’fair trial” followed by a quick hanging.

  28. says:

    if local law enforcement was trained and allowed to investigate accidents involving pedestrians injured or fatalities of motor vehicle accidents, than maybe we would not have what we have now.too much time had lapse. i do not understand why the troopers are the only ones able to conduct an investigation into incident like this.

  29. Emilie Romanet says:

    That evening I should had come to have dinner with Francoise and Villo as Francoise called me . I was so tired from work , went home and sleep . All these will never happened , if I’m at Villo home Francoise will stay with me after dinner and we chat and we can walk with Molly together . Molly was a gift from me to Francoise . Takes weeks for Molly to realize Francoise will not coming back .\ Lies with lies Madam Fischer have to lives with God as pretend to be a good Christian .

    • The Truth says:

      I’m so sorry for your loss. Please don’t blame yourself. This was an tragic accident. There’s always what ifs in these situations, but it’s not your fault. Not even close.

      My thoughts and prayers are with you.

  30. palmcoaster says:

    Dear Ms. Emilie Romanet, I am sincerely sorry for the untimely loss of your friend Francoise. I remember her from Publix, at the registers. She was happy, jovial, cordial and exceptional good worker at least with me, as a customer and she always had a smile. Please take good care of Molly because our close pet companions at times do not survive well or at all, the loss of their beloved masters. Was a miracle that Molly was not hit/hurt/killed, as well. May God keep Francoise by His side now and watch over her family, friends and Molly.

    • Emilie ROMANET says:

      So sweet of you . Now I’m all alone with my daughter and have to learn how to lives without Francoise .
      Catherine takes cae of Molly , Molly remember me each time when I comes to see Catherine . Molly is all we have left as memory from Francoise , as Catherine and her husband with us . I still hear her voice calls me at night when she could not reach me … call me at work when she did not see me for few days .
      One morning she came to see me at work , I was at the break room get myself a coffee . she asked my assitant manager and my coworker where I am … they replied , Emilie went back to France yesterday evening … Francoise broke down and cried and said ” why didn’t she tell me that she leave ? … my assistnt manager and my coworker felt so bad . I came back from break room , Francoise stood there , tears in her eyes . I love her with heart and soul .

  31. JL says:

    My sympathies are for the family of Ms. Pecqueur, not at all with the Fischers. That woman knew she hit another person, and let her lay there, for hours, worrying about what, what would happen to her? How horrible of a person to cause harm to another and then let them lay there, in pain and suffering, and not do anything to help. I hope she has a fast trial, and an even faster conviction. And I do hope jail time is given. Whatever she receives, it will not be enough to bring back Ms. Pecqueur. Maybe if she had done the RIGHT thing, the humane thing, Ms. Pecqueur would still be alive. How sad. RIP.

    • Katie Seamore says:

      The poor lady did not lie there for hours. Medical/emergency care arrived shortly after the accident. Why try to make it sound worse than it already is?

  32. Thinking says:

    The reason Mrs. Fischer was arrested now may be attributed to some good investigative reporting, a reporter persisting, asking the right questions, perhaps prompted by a tip. Fleming started catching major negative PR over this and suddenly the tables turned. Meanwhile Fleming’s cronies are running around posting his awards for excellence on other websites! Anything to take the attention off of this. Watch for another Operation Blood Bath, right around August.

    • dontbesoparanoid says:


    • dontbesoparanoid says:

      Doesnt matter how much negative PR Fleming may have been getting, or how much supposed “investigative reporting” is being done, it should not sway the time frame of an investigation. I would hope that any law enforcement agency investigating a crime would take the time needed to do it right no matter how much people are clawing at them for their own selfish need of instant gratification. Though clearly for some, it is more political.

  33. Anonymous says:

    This whole ordeal is just so tragic. I fail to understand how a windshield strike could be blamed on a toy poodle. Doesnt sound logical to me. Molly by looking at the picture was uninjured after being hit by a car and then thrown up in the air hitting the windshield. Thats one tough poodle!

  34. Anonymous says:

    ( says:
    February 26, 2012 at 9:03 pm
    if local law enforcement was trained and allowed to investigate accidents involving pedestrians injured or fatalities of motor vehicle accidents, than maybe we would not have what we have now.too much time had lapse. i do not understand why the troopers are the only ones able to conduct an investigation into incident like this. )

    I dont see it as they are not allowed to investigate accidents involving pedestrians BUT that the local FCSO does not and should not respond to each and every MEDICAL 911 call. I dont see the overall need to have FCSO show up to each medical call just as we dont need EMS showing up at a robbery crime investigation.

  35. Nancy N says:

    Mrs Fischer entering a not guilty plea at her initial appearance does not necessarily mean that the case is going to end up at trial. It just means that she and her attorney are keeping their options open for now on how to proceed.

  36. The Truth says:

    I’m so sick and tired of everyone blaming ITT and the City of Palm Coast for lack of sidewalks.

    Is it their fault that this woman was careless and fled the scene of an accident without calling 911?

    This was an accident (unless more information comes out about if Mrs. Fischer was on anything). Accident’s happen and I truly feel for the victim and their family. Would it be nice to have a sidewalk on every street in Palm Coast? Sure it would. That just isn’t feasible right now and even with sidewalks, accidents can still happen. The sidewalk along Belle Terre Parkway near Rymfire (the new one just build on the east side of the road) is extremely close to the road. If a car veers off the road, they wouldn’t have to go far to hit a walker/bicyclist.

    The fact of the matter is that we can’t blame others for an accident (and negligence on Mrs. Fischer’s part). Everytime something happens here in Palm Coast, because we are such a small community and we all hear about it, everyone is up in arms about what has to be done to resolve it. We should always be looking for ways to improve our community and safety for our residents, but we also need to have a realistic approach on how the world works and it’s not just a snap of a finger and sidewalks magically appear on every road in our City.

    • Ben Dover says:

      That is one of the oldest sections in the city,when should they getting some side walks? I`ve watched this place plant tree`s all up and down Palm Coast Parkway, then turn around and rip it up, to put in sewer pipe, they just stuck a bunch of tree`s in the median on Belle Terre that obscures the traffic trying to get out of Whipporwill, another accident waiting to happen, they moved the one sidewalk on Belle Terre 3 times!!!!, if they put sidewalks on every street in Palm Coast they wouldn`t have to mow the grass which is a waste of money. They need to get people on the planning board that don`t waste money doing stupid crap over and over, why didn`t they put spinklers in the first time they planted the medians on Belle Terre , no they rip everything out after its already been sodded and planted ,stupidity!!!! waste, sidewalks could have gone in with all this waste

  37. concerned says:

    I think when you hit a dog, cat, animal you stop pull over and see if you hit someones pet. But I am a good person who would do that. If she stopped she would have discovered something much more. My heart goes to the loss of the family and friends. As for 1.25m that justifies nothing for a life.

  38. palmcoaster says:

    In some states like NJ (don’t know if in all), if you hit an animal you have to report it to law enforcement.
    If is a large animal you have to wait on site of the accident, for the police or sheriff to arrive! If a small animal you still have to report it, but are allowed to proceed with your trip. Heavy fine/ penalties are given to violators. At least in the county we lived in for 20 years that was enforced. My common sense will make me safely stop if I were to hit even a small animal. Thank God in my 60 plus years of life, I never did.

    • kc says:

      In NJ there is not as much wildlife that is out on the roads. The roads are a lot more populated and I believe that the traffic scares them away. There are 4 full seasons with animals hibernating for at least one of them. I am originally from NJ and have been a Palm Coast resident for 25 years. We never had this amount of wildlife running across the road in NJ. If Flagler County Residents reported every accident with an animal, we would have to hire a whole other department just to deal with those calls and reports. I. myself, have killed a bunch of armadillos throughout the yesrs. I swear those critters are on suicide missions or maybe are playing chicken with the cars. They just dart out when you approach. I would have a record a mile long if I had to report each and every one of them. Insurance rates would go up and we are already paying a higher premium then the surrounding counties due to the amount of accidents in the county. (My insurance agent told me that when I moved back to Flagler from St. Johns.) I have never, in all these years, stopped my car to see if the armadillo I just hit is still alive. Common sense would say No. My father hit a dear once and it took off into the woods while traveling south on 11. He called the insurance agency to fix the damage to the car and he didn’t go off into the woods to check on the deer. There are snakes and other slithery friends living out in the woods. Your logic doesn’t make sense.

  39. jespo says:

    All the phone calling in the world won’t change the fact that she fled the scene of an accident, did not notify anyone about harming someone, and lied about the event. Speculations and allegations will be flung recklessly and sometimes with malice, and comments will be made without any true in depth knowledge or understanding of emergency services protocals, but such wisdom usually winds up on the cutting room floor anyway. Bottom line is that she’ll pay for her crime…..and it is her crime, no one else’s.

  40. w.ryan says:

    Is this a magilla that won’t go away any time soon for Mr.Fischer. Shouldn’t he step down and let someone else handle his school board position?

  41. Thinking says:

    @ANONYMOUSAY, you’re right, the case in the article you referenced does sound similar with the exception of the boyfriend. I hope Judge Wendy Berger follows up on his comments he made in that anonymous tip.

  42. palmcoaster says:

    @kc. I lived in the country in NJ and there was plenty of deer, wild turkey, fox, pheasant and squirrels to deal with around every curve on the roads specially the narrow ones winding among hills on the northwest (Sussex, Warren) counties. Maybe you lived in the cities. No wildlife in Newark or the like of course. I been in Palm Coast for over 20 years and I never run over any wildlife, likewise in NJ.
    How is it possible versus you killing a bunch of suicidal armadillos thru out the years? Maybe you are bit too much of a fast driver for our local wildlife fate? My family and I, to the contrary, aid wildlife found injured by traffic, when possible (trying always to avoid snakes bites or spiders stings). After all they were here before you and I decided to move in, an take away their habitat. What about; try a little kindness and compassion?

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