MIAMI (WSVN) - Years after a teen died in a Labor Day weekend boat crash, the man accused of being behind the wheel faced a judge, and his legal team introduced various motions, including one to move the criminal case out of Miami-Dade County.
Defense attorneys for prominent real estate developer George Pino want his case moved out of the county or to drop the charges altogether in connection with a deadly 2022 boating crash in Boca Chita Island that claimed the life of 17-year-old Lucy Fernandez and injured others, like Kathy Puig.
In court Wednesday, with Pino holding a rosary and his family members present, as well as the victim’s family, Pino’s attorneys argued that their client did not intend to hit the marker the day of the deadly crash, when he was with his wife, his daughter and 11 of his daughter’s friends.
During five hours in the courtroom to discuss the legal effect of what happened that day and what is admissible in the trial, the hearing ended with the prosecution showing several body camera videos of Pino in the moments after the crash.
“The next thing I know, I hit the wave. I tried to swing and the right side of the boat, I mean the left side of the boat, hit the pilon,” said Pino.
The voice of Pino could be heard as he spoke with a Florida Fish and Wildlife Conservation Commission investigator following the crash.
“I don’t recall if she was like under or she was next to me. It was so crazy,” said Pino.
“Which individual?” asked FWC Lt. William Thompson.
“I was pretty sure it was Lucy,” responded Pino.
“Can you write that down on the other side? Write that out, saying ‘I found Lucy, in support of Lucy or whatever’,” asked Thompson.
“She may have come out of that boat right when I was going to go under,” said Pino.
Those are the conversations that Pino’s defense team wants to be excluded from trial.
“The legal effect of what happened the day of the deadly crash and what is admissible in the trial is what we’re discussing here today,” said Howard Srebnick, Pino’s defense attorney.
At one point, Pino’s defense team motioned to drop the charges entirely.
“If the evidence doesn’t support vessel homicide, then the evidence would not support manslaughter,” said Srebnick. “It may have been a momentary lapse of attention.”
During their plea to the judge, Pino’s defense team argued that their client was not driving the boat recklessly while navigating the channel, calling the crash a tragic accident.
“Not speeding, conditions refined, boat is not exceeding its capacity. He can travel on either side of the channel as is appropriate. The state doesn’t know what distracted him. Mr. Pino, because of the head injury he suffered, we’re not relying on his recollection for what happened. Instead, we’re relying on the undisputed circumstances,” said Srebnick.
Pino’s defense team argued that Pino was not speeding, racing, texting and driving, or impaired at the time of the crash.
“There is no speed limit, no posted speed limit,” said Srebnick. “The evidence is that he was not impaired and that alcohol was not a contributing factor.”
In their rebuttal, state prosecutors argued that Pino failed to take proactive measures for the crash.
“So what we know from the GPS data is that for nine seconds, he checked out, zoned out, spaced out, passed out, I don’t know what out, but he wasn’t looking out,” said the prosecutor. “You are driving almost 47 miles per hour toward a solid steel pole that’s sticking up out of Biscayne Bay. That’s reckless, and the reckless operation caused or contributed to the cause of death of Lucy Fernandez.”
With the trial scheduled to start next week, Pino’s defense team also argued to move the trial out of Miami-Dade County to Palm Beach County or Orange County.
“Jurors sitting in Miami-Dade County will fear the same kind of vilification, the same type of commentary about them should they happen to acquit Pino,” said an attorney.
“This occurred in Miami-Dade County, so the decision should be made by the people of Miami-Dade County,” said a prosecutor.
Prosecutors hope the case moves forward to a jury trial.
Pino is facing charges of manslaughter and vessel homicide and could face up to 15 years behind bars.
Court resumed at 11 a.m. on Thursday, when Florida Fish and Wildlife Conservation Commission Lt. William Thompson took the stand.
Thompson was the lead FWC investigator in this case. When asked by Pino’s attorney whether his client had slurred speech or bloodshot eyes on the night of the crash, Thompson replied, “No, sir.”
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