Allstate Agent Michael Joyner: Responsible For Hit & Run?

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Allstate Agent Michael Joyner: Responsible For Hit & Run?

Unread postby RatPak11 » Mon Mar 29, 2010 10:59 am

http://www.naplesnews.com/news/2010/mar ... ic-arrest/

Investigators expect to submit arrest warrant in golf cart hit-and-run case
By RYAN MILLS
Posted March 28, 2010

NAPLES — More than a month after a driver in a sport utility vehicle ran down three people in a golf cart after the ACE Group Classic golf tournament in North Naples, Collier County sheriff’s investigators remain optimistic they will be able to bring the case to a conclusion.

“We are optimistic we will be submitting an arrest warrant in this case to the State Attorney’s Office for review,” Sheriff’s Office spokeswoman Michelle Batten said in an e-mail.

Complicating the case, Michael McKenzie Joyner, 52, the owner of the SUV, which authorities believe ran down the golf cart, isn’t cooperating. Investigators say they know Joyner was at the tournament on the day of the crash, but it does not appear that they have a “wheel witness” who saw him, or anyone else, driving the SUV when it struck the cart.

“It will be up to the State Attorney’s Office to determine the value of a wheel witness in this case,” Batten said.

Attempts to reach Joyner at his Allstate insurance office, 15245 U.S. 41, Suite 11 in the Jamaica Bay Shopping Center in South Fort Myers, for about three hours on Thursday morning were unsuccessful. An office manager confirmed that Joyner was there, but said he was busy.

A golf cart with his name and the Allstate logo was parked out back.

When reached on the phone Friday afternoon and asked if he had anything to say to the people who were run down by a vehicle that authorities believe is his, Joyner said “I can’t say anything about it.”

“He and his attorney have refused to make any statement or talk to (Sheriff’s Office) investigators,” Batten said.

The crash occurred around 7:10 p.m. on Feb. 14, at the conclusion of the golf tournament, when Jack Timothy Justice, 51, a course employee, was driving David and Diane Shaefer of New York back to their car in a golf cart. As they were driving west, without headlights, on a gravel road adjacent to Quarry Drive. The SUV was heading east.

Justice was unable to get out of the SUV’s path, and the SUV ran over the golf cart in a make-shift parking lot off the main drag.

The SUV fled the scene. Investigators eventually identified the vehicle as Joyner’s red Chevrolet Tahoe, which they found with extensive front-end damage.

Justice was discharged from NCH Downtown Naples Hospital on March 9, after having titanium rods inserted into his legs, arm and hip. He is unable to work.

When reached at home, Justice was using a walker to get around.

“I’m OK,” he said. “I’m healing.”

Several attempts to reach the Schaefers’ attorney, Steve Barnes, in Buffalo, NY, were unsuccessful. David Schaefer, 61, and Diane Schaefer, 56, have been discharged from Lee Memorial Hospital in Fort Myers, officials said.

When asked if he expects to file a civil lawsuit in the case, Justice’s attorney, Mark Weinstein, said multiple parties have been in contact trying to resolve “what we see as clear liability issues.”

“If it can’t be worked out, then litigation is likely,” Weinstein said. “In our judgement, certain issues are so clear that it is our hope that we do not need to needlessly clog up the court system with another lawsuit because the insurance companies involved should be reasonable and my client is a reasonable man.”

Anyone with information about the case is urged to contact the Collier County Sheriff’s Office at 239-252-9300 or, if you wish to remain anonymous, Crime Stoppers at 1-800-780-TIPS (8477).

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http://www.naplesnews.com/news/2010/feb ... ace-group/

Owner of vehicle involved in golf cart hit-and-run identified
By RYAN MILLS
Posted February 23, 2010 at 8:15 p.m.

NAPLES — The Collier County Sheriff’s Office has identified the owner of a sport utility vehicle that they say ran down three people in a golf cart at the ACE Group Classic as Michael Mckenzie Joyner, 52, a Fort Myers-based personal financial representative and insurance salesman.

Joyner, 3729 Pino Vista Way, Estero, was at the golf tournament on Feb. 14, the day of the accident, Sheriff’s Office spokeswoman Karie Partington said. However, it is unclear if Joyner was driving his 2007 red Chevrolet Tahoe at the time of the crash, which sent the three victims to local hospitals with serious injuries.

The driver fled the scene immediately after the crash.

“We’re hoping that more witnesses come forward,” Partington said. “We know he was at that event. We know that was his vehicle.”

A driver cannot be successfully prosecuted without a “wheel witness,” someone who saw him driving, or if “actual physical control” cannot be proven, such as an investigator or witness arriving to find a driver at the wheel. Without that evidence, it’s a circumstantial case.

Law enforcement officials generally wait until the evidence is strong to arrest someone, often asking for the public’s help in finding witnesses.

Sheriff’s Office officials have not said that they believe Joyner was driving the Tahoe at the time of the crash. They spoke with him briefly on Feb. 16, the day they recovered the Tahoe, but he has since retained local defense attorney, Jerry Berry, and is no longer speaking with investigators, Partington said.

When reached for comment Tuesday and asked if Joyner was driving the Tahoe at the time of the crash, Berry said “no comment.” Attempts to reach Joyner on his home and work phones and by e-mail were unsuccessful. No one answered a door at his home in the gated Terra Vista community on Tuesday evening.

Joyner’s mother, Betty Joyner, 79, who lives in Sebring, confirmed on Tuesday that her son is a golf fan and that he drives a red Chevy Tahoe. However, she was not aware of the crash.

“I haven’t heard anything about that,” Betty Joyner said. “I haven’t really talked to him. I’m not sure when I talked to him last. The time I talked to him it wasn’t mentioned.”

When asked if she believed her son would flee the scene after a crash, Betty Joyner said “No I do not. I definitely do not.”

The Sheriff’s Office reported that the Florida license plate on the Tahoe is X16-7JH. Joyner also has a listed address at 15200 U.S. 41, Suite 108, in Fort Myers, the Sheriff’s Office reported, which corresponds to the address listed on Joyner’s Allstate Web site.

“I look forward to helping families like yours protect the things that are important — your family, home, car and more,” Joyner wrote in a personal message on the site. “I can also help you prepare a strategy to achieve your financial goals.”

Around 7:10 p.m. on Feb. 14, at the conclusion of the ACE Group Classic at The Quarry in North Naples, Jack Timothy Justice, 51, a course employee, was driving the golf cart, taking David and Diane Schaefer, of Orchard Park, N.Y., to their car. As they were driving west, without headlights, on a gravel road adjacent to Quarry Drive, an SUV was heading east.

Justice said he attempted to move to the right to get out of the vehicle’s path, but was unable to avoid the collision. The SUV struck the golf cart head on and drove right over it, mangling the cart.

David Schaefer, 61, and Diane Schaefer, 56, were both flown to Lee Memorial Hospital in Fort Myers via air ambulance. Justice was transported to NCH Downtown Naples Hospital via ground ambulance. All three remain hospitalized in good condition, but with several broken bones.

“Were very broken up,” David Schaefer said Tuesday. “We’re lucky to be alive.”

Anyone with information is asked to call the Collier County Sheriff’s Office at 252-9300, or if you wish to remain anonymous, Crime Stoppers at (800) 780-TIPS (8477).

Staff writer Aisling Swift contributed to this report.

Connect with Ryan Mills at http://www.naplesnews.com/staff/ryan-mills

comments:

February 23, 2010
8:33 p.m
GeeRide writes:
So much for "Being in good hands".... I wonder if he'll file a claim on his wrecked vehicle. Well he is his own agent.
...February 23, 2010
8:37 p.m.
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Mod_167 writes:
Michael Mckenzie Joyner, ARE YOU IN GOOD HANDS?
...February 23, 2010
8:38 p.m.
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bobbo22 writes:
So now we finally know who owns the SUV. It's time for him to come clean, one way or the other.

Since he got lawyered up, it's evident he's either protecting himself or someone else. And since his mom says he's a golf fan, it's pretty likely he was there.

He'd better start talking soon, and have a good explanation, or he's likely to no longer be in good hands with Allstate.
...February 23, 2010
8:45 p.m.
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greathornedlizard writes:
If this guy gets in front of a jury and stonewalls they are going to "drive right over him," and the absence of headlights on the cart will only profit the victims. Whoever it was that was driving the SUV knew what happened and was obligated to stop.
...February 23, 2010
8:57 p.m.
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chickendog writes:
How much can I save with Geico?

Probably, wrote it off as a business expense. That would seem to make State Farm share culpability? They have BIG hands!
...February 23, 2010
9:09 p.m.
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nightranger writes:
How come all the guilty people hire Jerry Berry??
...February 23, 2010
9:13 p.m.
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NaplesFly writes:
Jerry Berry is more the "lawyering up"......when someone says..."oh, you can find atleast one Attorney to defend that idiots case"....that's Jerry Berry!
...February 23, 2010
9:44 p.m.
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Midwesterner writes:
Even if he never gets charged or convicted of criminal charges, I am sure the victims will sue him. Being in the insurance business, I am sure he has a large Umbrella policy of $1m or more. The company will settle, and these people will get paid.
...February 23, 2010
10:15 p.m.
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Nongeriatric_Redux writes:
in response to Midwesterner:

Even if he never gets charged or convicted of criminal charges, I am sure the victims will sue him. Being in the insurance business, I am sure he has a large Umbrella policy of $1m or more. The company will settle, and these people will get paid.

Yep, either way he is gonna get slapped with a fat civil lawsuit. Right now he's just trying to stay out of jail.
...February 23, 2010
10:27 p.m.
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LosBombero writes:
He was hammered. Must have been a real adventure, him running away.......dialing one of his pals on his cell phone."I think I just killed somebody!!! Pick me up at the corner of............" Subpoena his cell phone records.
...February 23, 2010
10:44 p.m.
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Davidh239 writes:
in response to lalune:

This comment may be inappropriate. Reveal this comment.

SUV-driving financial adviser and insurance huckster who loves golf and running over people. He'll go far in this town.

Abbotta ?
...February 23, 2010
11:11 p.m.
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beetlejuice writes:
Mr. Joyner,
When you drive a vehicle, and you run from a scene, it's really ugly. Fess up. Be a man, and if you think you will get away this....yeeeeah, you're mistaken.
...February 23, 2010
11:29 p.m.
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Obewan writes:
I have Jerry Berry on speed dial. Don't blame the best lawyer in town...for being the best lawyer in town. Just drop your Allstate Auto Insurance and let the geeky gal or the little lizard have your insurance business as a protest of the choices that Mr. Joyner has decided to make.
...February 23, 2010
11:45 p.m.
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beetlejuice writes:
in response to Obewan:

I have Jerry Berry on speed dial. Don't blame the best lawyer in town...for being the best lawyer in town. Just drop your Allstate Auto Insurance and let the geeky gal or the little lizard have your insurance business as a protest of the choices that Mr. Joyner has decided to make.

A DAY on speed dial is better than a bushel of berries...eeer Berries.
...February 24, 2010
2:32 a.m.
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clear_destination writes:
The courts have a responsibility to send a clear, concise message to the motoring public , "a hit and run conviction will result in maximum jail time , maximum fine and loss of drivers licence for life".
...February 24, 2010
6:54 a.m.
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huskersrule writes:
A driver cannot be successfully prosecuted without a “wheel witness,” someone who saw him driving, or if “actual physical control” cannot be proven, such as an investigator or witness arriving to find a driver at the wheel. Without that evidence, it’s a circumstantial case.

If the above paragraph is true, can someone explain to me how the red light cameras work.
...February 24, 2010
7:07 a.m.
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HollyS writes:
in response to huskersrule:

A driver cannot be successfully prosecuted without a “wheel witness,” someone who saw him driving, or if “actual physical control” cannot be proven, such as an investigator or witness arriving to find a driver at the wheel. Without that evidence, it’s a circumstantial case.

If the above paragraph is true, can someone explain to me how the red light cameras work.

Ah, the $1,000,000 question!!!

Had Mr. Joyner been any other race or from a lower economic background, he would have been arrested, read his rights and carted away in the back of a squad car already.
...February 24, 2010
7:18 a.m.
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Spock writes:
His lawyer "my client ran over that golf cart in self defense".

"he left the scene to find a policemen".

Live long and keep golf carts on the course. If that cart had no license plate then it should not be on da road...
...February 24, 2010
7:36 a.m.
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eddyg writes:
Finger prints, hand prints on steering wheel
...February 24, 2010
7:41 a.m.
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jim8349 writes:
in response to HollyS:

Ah, the $1,000,000 question!!!

Had Mr. Joyner been any other race or from a lower economic background, he would have been arrested, read his rights and carted away in the back of a squad car already.

Yeh, you idiot. This is all about race. Are you too illiterate to answer the question or too busy making welfare babies?
...February 24, 2010
7:48 a.m.
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only_real writes:
in response to huskersrule:

A driver cannot be successfully prosecuted without a “wheel witness,” someone who saw him driving, or if “actual physical control” cannot be proven, such as an investigator or witness arriving to find a driver at the wheel. Without that evidence, it’s a circumstantial case.

If the above paragraph is true, can someone explain to me how the red light cameras work.

TRUE!!!
...February 24, 2010
7:49 a.m.
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DoctorsPass writes:
He might as well go for his law degree - truth, honor, an integrity doesn't seem to be part his make up - I wouldn't want him touching my money.
...February 24, 2010
7:58 a.m.
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FADEC writes:
In a criminal trial, it's the physical evidence that convicts, but strong circumstantial evidence can also convict. He has a wrecked truck, never reported it stolen, lawyered up, and I'm sure the paint evidence on the golf cart and truck will match up. He can be convicted, and his attorney has his work cut out. In a civil trial, the preponderance of the evidence is the deciding factor. I guarantee you that after deposition, it will be "lets make a deal time." No insurance agency will want this to go before a jury. This guy just destroyed his life by cowardly running away, and I'll bet alcohol played a big part in his pathetic decision.
...February 24, 2010
7:59 a.m.
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only_real writes:
Lucy you have some splainin to do!!!!
...February 24, 2010
8:29 a.m.
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Crazy_Canuck writes:
Love the tabloid journalism with reaching out to his mother. She definitely solved the case for them with her stating she didn’t know anything about it. What were they expecting her to say? Must take a long time to run the plates in this town to find the owner.
...February 24, 2010
8:42 a.m.
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eddyg writes:
in response to happybutterfly:

This comment may be inappropriate. Reveal this comment.

It is his vehicle of course his finger/hand prints are going to be on it. Point is it sounds like this loser is going to get away with this unless one of his buddies he may have had with him or confessed to has a heart and comes forward. Even then he hired Jerry Berry, he'll probably get off with a slap on the wrist if anything at all. How you can drive away not knowing if you killed somebody is beyond me. I hope that anybody that does business with this man takes their business elsewhere.

True, but if there are no other prints then it was him. The last (top) prints on the steering wheel will be the last driver.
...February 24, 2010
8:45 a.m.
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LP721 writes:
Maybe another DUI for Collier County, but the truth is we all need to responsible for our own actions. Serving alcohol at sporting events is a bad idea. How come you never see a DUI check point outside these events like you see on the weekends at night?
...February 24, 2010
9:24 a.m.
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Nina6520 writes:
Police can find out who owns any vehicle in a matter of minutes. Wonder how come it's taken so long to identify this guy?

Also, how many people go to a golf tournament and lend their car to someone? And if he did, who was it? Or does he claim it was stolen?

I'm glad the injured people are going to be okay.

Joyner is acting very guilty, and the evidence, though circumstantial, is strong. Let's hope justice prevails.
...February 24, 2010
9:57 a.m.
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legal_right writes:
I'm not sure if I'm correct, but getting a traffic ticket shouldn't keep the injured from filing a civil lawsuit since the truck still belongs to this guy. I'm sure if it was reported stolen he could provide the authorities with how he made it all the way back to Estero that night.
...February 24, 2010
9:58 a.m.
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norske writes:
Thankfully, we (they) have more information now. Plus, this guy has "means" and insurance liability which may "go with the vehicle" regardless of who was driving. This guy is a "loser". Be a decent human being and admit to driving the vehicle. Remember, the girlfriend was known to say she would not ride with him because he was so drunk. I hope circumstancial evidence can convict this guy.

And, by the way, I cannot believe one of these comments listed above went right to the "race card". Honey, you are dreaming if you think this is about race. Get a new attitude.
...February 24, 2010
10:07 a.m.
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indigo writes:
Isn’t it Allstate that offers accident forgiveness? Maybe he thought that meant he could just leave and go home, because all was forgiven.
...February 24, 2010
10:12 a.m.
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legal_right writes:
Good one, Indigo!!!!
...February 24, 2010
11 a.m.
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stevonmfl writes:
Interesting how cops operate in this town...two laws depending on who you are. What are you guys afraid of??? At least take him in for questioning. This is embarrassing.
...February 24, 2010
12:12 p.m.
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Bigkondor writes:
This is simple. If you retain Jerry Berry, you are guilty, everyone in Naples knows that. Dont worry people, if there is no "wheel witness" since we know where he lives and does business, there wont be a "wheel witness" when I acidentally run over him.
...February 24, 2010
12:32 p.m.
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jrhnparadise writes:
In good hands of Jerry Berry. Some states you are responsible no matter who is driving your car. For example if you let someone drive your car while intoxicated and they are caught, you are also charged. Does this not apply in florida? I know I recently read a story where the owner is charged with red light running and he was not driving the car. Those nasty little red light cameras.
...February 24, 2010
12:33 p.m.
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jrhnparadise writes:
in response to stevonmfl:

Interesting how cops operate in this town...two laws depending on who you are. What are you guys afraid of??? At least take him in for questioning. This is embarrassing.

I agree it is embarrassing.
...February 24, 2010
1:36 p.m.
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sharks2009 writes:
Totally unbelievable!!! This mans true character has been revealed. I am waiting for someone to get on here and tell us "what a great guy he is".
...February 24, 2010
4:42 p.m.
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wnaples writes:
Why would someone who professes to be innocent hire a lawyer before he is even charged with anything? Because he's pond scum!!!!!
...February 24, 2010
5:28 p.m.
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wrkforalivn writes:
He just wanted to play through
...February 24, 2010
8 p.m.
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brighteyes writes:
"Law enforcement officials generally wait until the evidence is strong to arrest someone, often asking for the public’s help in finding witnesses."

Is this statement a CCSO quote, a fact from some informational source or an opinion of the NDN?
...February 25, 2010
6:25 a.m.
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diversify writes:
I know this guy, at least I thought I did. Successful business man, beautiful wife, 2 great kids, lovely home, the all American family guy. How disappointing to learn that he's just another SW Florida "slimeball!" Sometimes its embarrassing to say I live here, seems like the national media if full of stupid people doing stupid things in SW Florida.
...February 25, 2010
6:32 a.m.
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diversify writes:
Being drunk and having an accident is one thing, few over the age of 40 today can say they have not been guilty of driving while under the influence, caught or not. However, being so drunk as to run over a golf cart full of people, I say you loose all of your rights! This suggests that Mike plays golf with the right people & was accompanied by the right people.
...February 25, 2010
8:20 a.m.
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d1120 writes:
Give the SUV 10 years in jail.
...February 25, 2010
8:41 a.m.
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factteller1 writes:
in response to stevonmfl:

Interesting how cops operate in this town...two laws depending on who you are. What are you guys afraid of??? At least take him in for questioning. This is embarrassing.

What would be even more embarrassing would be if you identified yourself so we can all tell you how stupid and ignorant you are by name. Go back to watching Law and Order or CSI this way you will be able to receive instant satisfaction of crimes being solved in an hour. Hey I have another idea why don’t you give the cops the name and address of where you work so they can go and tell you how to do your job? Agreed? Or do you just sit around all day and collect a check? YA BIG DOPE YA!
...February 25, 2010
12:56 p.m.
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sharks2009 writes:
Boy NDN has dropped this story like a hot potato! Someone must have gotten to them too!
...February 26, 2010
3:13 p.m.
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TheTruthCanHurt writes:
I guess that I'm the one whose going to step forward and state what a good guy he was. He was my neighbor and insurance man for years. To say that I am shocked and disapointed is an understatement. If Mike was driving and left the scene of this tragedy, there's just no excuse. My heart goes out to all of those who were hurt in this - the people in the cart and Mike's family.
...February 26, 2010
9:28 p.m.
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pdog writes:
in response to LP721:

Maybe another DUI for Collier County, but the truth is we all need to responsible for our own actions. Serving alcohol at sporting events is a bad idea. How come you never see a DUI check point outside these events like you see on the weekends at night?

This is the homerun post right here. Think of how many lives would be saved if you couldn't leave the parking lot of a sporting event without being sober...
...April 16, 2010
3:50 p.m.
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srksrk writes:
in response to Obewan:

I have Jerry Berry on speed dial. Don't blame the best lawyer in town...for being the best lawyer in town. Just drop your Allstate Auto Insurance and let the geeky gal or the little lizard have your insurance business as a protest of the choices that Mr. Joyner has decided to make.

And you shouldn't blame what of the best insurance companies in town. Why would you switch your insurance from a company that truly is there for their customers, with terrific agents (this guy is just a bad seed and every company has them)that look out for your protection to a company that you have to call a 1-800 number and speak to a different person every time? Protesting Allstate would be like protesting Jerry Berry for taking the case. Does that make sense?
...

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http://www.naplesnews.com/news/2010/feb ... l-mystery/

Driver of SUV that crashed into golf cart still a mystery
By RYAN MILLS
Posted February 22, 2010

NAPLES — More than a week after three people were run down by a sport utility vehicle while riding in a golf cart at the ACE Group Classic, all three remain hospitalized Monday.

At the same time, investigators from the Collier County Sheriff’s Office continue to search for the driver who hit them.

Sheriff’s Office spokeswoman Karie Partington asked for patience, and said she is confident there will be an arrest. Thoroughness is more important than speed in this case.

“An investigation takes as long as it takes,” she said. “Sometimes it takes longer than what it seems on the surface it should take. It’s better to do a thorough investigation and make sure everything is in place, and sometimes that takes time.”

Around 7:10 p.m. on Feb. 14, at the conclusion of the tournament at the Quarry in North Naples, Jack Timothy Justice, 51, a course employee, was driving the golf cart, taking David and Diane Schaefer, of Orchard Park, N.Y., to their car. As they were driving west, without headlights, on a gravel road adjacent to Quarry Drive, an SUV was heading east.

Justice said he attempted to move to the right to get out of the vehicle’s path, but was unable to avoid the collision. The SUV struck the golf cart head on, and drove right over it before fleeing the scene.

David Schaefer, 61, and Diane Schaefer, 56, were both flown to Lee Memorial Hospital in Fort Myers via air ambulance. Justice was transported to NCH Downtown Naples Hospital via ground ambulance.

The Schaefers remain hospitalized in good condition, Lee Memorial spokeswoman Pat Dolce said Monday. Justice, who suffered a dislocated hip, broken bones in his leg, and bruised ribs, remained at the Naples hospital. He said it is up to his doctors and therapists when he can go home.

“I’m doing a lot better, but I got banged up pretty good, pretty good,” Justice said. “I’m hanging in there.”

Last week, investigators located a red Chevrolet Tahoe with extensive front-end damage that they believe to be the SUV that struck the golf cart. They have not said how they found it, where they found it, or who it belongs to.

“We’re working on interviews,” Partington said. “Were doing everything we can to investigate it. We’re satisfied we have the right vehicle.

“If anybody saw the vehicle being driven on Sunday, we’d like them to contact us.”

Anyone with information about the case is asked to contact the Sheriff’s Office at (239) 252-9300.



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MORE:
http://www.naplesnews.com/news/2010/feb ... recovered/

SUV involved in hit-and-run golf cart crash recovered by Sheriff's Office
By ELYSA BATISTA
Posted February 17, 2010

NAPLES — Just days after an SUV ran over a golf cart at the ACE Group Classic, Collier County Sheriff’s Office deputies have recovered what they say is the vehicle that was involved in the hit-and-run accident that left three people seriously injured Sunday night.

On Tuesday, a 2007 red Chevrolet Tahoe with extensive front-end damage was recovered by deputies. A Sheriff's spokeswoman said that they couldn't reveal where or how they found the SUV saying that information is part of the investigation.

“We’re optimistic that there will be an arrest,” said Sheriff’s Office spokeswoman Michelle Batten.

Originally, witnesses told deputies they saw a white SUV, possibly a Chevy Tahoe, leave the scene of the crash, which occurred around 7:10 p.m. in the parking lot of the Quarry development in the Golden Gate Estates, which hosted last week’s Champions Tour event.

However, Batten said further investigation by deputies led them to the red SUV, which they determined is the vehicle that was involved in the accident.

The Collier County Sheriff’s Office has also released the 911 calls from the crash.

“Oh my God, there was a really bad accident,” a female caller says on the 911 recording. “A golf cart got hit by a car. The golf cart is destroyed. There are two people are on the ground, I’m sorry, there are three people on the ground. They are all moving, I believe.”

Moans could be heard in the background, as several frantic callers told 911 dispatchers of Sunday’s horrific hit-and-run crash.

“The car is driving away right now,” said a female caller, while in the background someone screamed out “Get the license.”

David Schaefer, 61, and Diane Schaefer, 56, both of New York, were flown to Lee Memorial in serious condition. As of Wednesday, they were listed in fair condition at the Fort Myers hospital, said Lee Memorial spokeswoman Karen Krieger. However, it was not known if they remained in the intensive care unit.

Tim Justice, the Quarry employee who was driving the golf cart, was transported to NCH Downtown Naples Hospital via ground ambulance. As of Wednesday, NCH officials said Justice remained at NCH Downtown and was in good condition.

Justice was driving the Schaefers to their car, when he saw the SUV coming at them, he said. According to a crash report, the golf cart didn’t have lights, and the driver of the SUV may not have seen it.

Batten said that if anyone can identify the driver of the red SUV, call the Collier County Sheriff’s Office at (239) 252-9300.

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http://www.naplesnews.com/news/2010/feb ... -schaefer/

AUDIO: 911 calls released from golf cart crash at ACE Group Classic: deputies still search for suspect
Posted February 17, 2010

Moans could be heard in the background, as several frantic callers told 911 dispatchers of Sunday’s horrific hit-and-run crash at the ACE Group Classic.

"The car is driving away right now," said a female caller, while in the background someone screamed out ‘Get the license’. "It’s a white SUV with a Volcom sticker on the back of it. We were trying to chase it. It’s driving out of the community towards Immokalee Road."

The Collier County Sheriff’s Office has released the 911 calls from the crash at The Quarry, last week’s host of the ACE Group Classic, involving a golf cart and a sports utility vehicle. Three people were seriously injured and the sheriff’s office is still searching for the suspect who drove off.

"Oh my God, there was a really bad accident," the same female caller said on the 911 recording. "A golf cart got hit by a car. The golf cart is destroyed. There are two people are on the ground, I’m sorry there are three people on the ground. They are all moving I believe."

The cart was struck by the SUV around 7:15 p.m. in the parking lot at The Quarry.

The SUV is described as white, possibly a Chevrolet Tahoe. The vehicle had damage to the front end and to the grill. There was also damage to the wheel well on the driver’s side.

David Schaefer, 61 and Diane Schaefer, 56, both of New York, were flown to Lee Memorial in serious condition. As of Wednesday they were listed in fair condition in Lee Memorial Hospital, said hospital spokeswoman Karen Krieger. However it was not known if they remained in the intensive care unit.

Tim Justice, The Quarry in North Naples employee who was driving the golf cart, was transported to NCH Downtown Naples Hospital via ground ambulance. As of Wednesday, NCH officials said Justice remained at NCH Downtown and was in good condition.

Justice was driving the Schaefers to their car, when he saw the SUV coming at them, he said. According to a crash report, the golf cart didn’t have lights, and the driver of the SUV may have not seen it.

Anyone with information is asked to call the Sheriff’s Office at 239-252-9300.
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Re: Allstate Agent Michael Joyner: Responsible For Hit & Run

Unread postby RatPak11 » Thu Sep 02, 2010 10:11 am

http://www.nbc-2.com/Global/story.asp?S=13084508

Injured man suing 8 companies after SUV, golf cart crash
Updated: Sep 01, 2010 3:33 PM PDT

COLLIER COUNTY: The man seriously injured on February 14, 2010 after the ACE Group Classic Golf Tournament in Naples is suing a Lee County man and eight companies - including the PGA Tour.

Jack T. Justice is suing Michael Joyner, the alleged driver of the SUV that crashed head-on with a golf cart. The suit also includes:

•PGA Tour Inc.
•Octagon, Inc.
•Ace Group Enterprises, Inc.
•Champions Tour Tournament Association, Inc.
•Allstate Insurance Company
•Coral Hospitality LLC Centex Realty, Inc.
•Pulte Home Corporation.
Justice was working at the tournament driving spectators to and from their cars.

After the tournament was over, Justice was driving David and Diane Schaefer to their car when they crashed head on with an SUV.

The SUV ran over the three people and crushed the golf cart they were riding in.

The suspected driver and registered owner of the SUV is Estero resident Michael Joyner.

•Click the link in the "Related Stories" section at the right to read more about the story.
The Schaefer's suffered broken bones and Joyner has permanent damage to his legs, one arm and his hip.

Justice's attorney Mark Weinstein made the following statement Wednesday:

"Mr. Justice's life was changed forever as a result of what happened. He has titanium in both legs, his arm and it all was unnecessary. When major corporations invite the public to a golf tournament, for what is in the end the purpose of making money, you have an obligation not just to designate an area of land and say ‘OK everyone park here', you have the responsibility to train your staff to properly direct people and if it's going to end in the dark you have to have lighting and you have to have people showing drivers where to go. That didn't happen and my client's life was almost life. It's been changed horribly forever."

The lawsuit claims the tournament operators and sponsor, as well as the property owners, failed to have proper lighting in the make-shift parking lot where the crash occurred, failed to follow industry standards in designing and building the parking area and failed to train staff members to direct traffic flow.

In May, the Collier County Sheriff's Office submitted a warrant request to the State Attorney's Office for Joyner, who has not been arrested in connection with the hit and run accident.

However, he's named in the lawsuit as being the driver. The lawsuit says Joyner failed to stop and maintain a proper distance, and was driving at an excessive and unsafe speed.

We contacted every company Wednesday for comment.

The PGA Tour says they cannot comment on pending litigation.

Allstate Insurance Company, where Joyner works, said:

"We have not had the opportunity to review the lawsuit. Therefore we are not able to provide any comments on it at this time. Allstate Insurance Company was not a sponsor of this event or involved with it in any way. We understand that Mr. Joyner participated in the event on his own personal behalf and not on behalf of Allstate. Allstate agents are NOT Allstate employees but rather are independent business owners licensed and under contract to sell Allstate Insurance products and service Allstate customers."

The six remaining companies have not responded to our request for comment.

By Lindsay Kruger
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Re: Allstate Agent Michael Joyner: Responsible For Hit & Run

Unread postby RatPak11 » Thu Sep 02, 2010 10:23 am

http://www.naplesnews.com/news/2010/aug ... -ace-clas/

Benefit to aid golf cart driver run over by SUV at ACE Classic
By RYAN MILLS
Naples Daily News
Posted August 23, 2010 at 8:20 p.m.

NAPLES — He still has titanium rods in his legs and arm.

He walks with a limp.

More than six months after Tim Justice and two other people were run down by a sport utility vehicle at the conclusion of the ACE Group Classic golf tournament, Justice said he is getting better. But he’s still in pain, and hasn’t been able to work.

In an effort to help Justice get through this rough patch, a group of his friends from the local golf scene are hosting a golf scramble and benefit on Saturday morning at the ArrowHead Golf Club, 2205 Heritage Greens Drive. Proceeds will go to Justice.

“When I was in the hospital, they said something to me,” Justice said. “It’s them putting it on. It’s them doing it. I’m humbled that they’re doing it.”

Kristy Marino, one of the organizers of the benefit, said that despite his physical injuries, Justice’s spirit has remained intact.

“He’s just a happy-go-lucky guy,” Marino said. “Even this incident that turned his whole world upside down, he made the best of it.”

The 8:30 a.m. golf scramble, which is open to the public, costs $75 and includes golf, lunch and two drinks. There also will be a raffle, prizes and possibly a silent auction, Marino said. Several local golf courses, businesses and restaurants have contributed.

“We had talked to him about financial issues,” Marino said of Justice. “He wasn’t working and we knew he was going to get hit with a lot of stuff.”

When asked about his financial struggles, Justice said only that he’s not “making the income I was before.”

He said he would like to see the golf scramble and benefit become an annual event, with a new beneficiary every year.

“A lot of good people,” Justice said of the organizers. “Just some good friends in the golf industry.”

The crash occurred just after 7 p.m. on Feb. 14, at the conclusion of the tournament at the Quarry in North Naples.

Justice, who worked at the course, was driving a golf cart in the parking lot bringing two spectators, David and Diane Shaefer, back to their car. As they were driving on a gravel road adjacent to Quarry Drive, the SUV was headed straight at them.

Justice said he attempted to get out of the vehicle’s path, but was unable to avoid the collision. The SUV struck the golf cart head on, drove over it and fled.

The golf cart was mangled, and Justice and both Shaefers were hospitalized for weeks.

Investigators from the Collier County Sheriff’s Office eventually located the SUV, and identified the owner as Michael Mckenzie Joyner, a Fort Myers-based Allstate insurance agent who was at the tournament the day of the crash. In May, the Sheriff’s Office requested a warrant from the State Attorney’s Office for Joyner’s arrest.

“We’re still reviewing the warrant against Michael Joyner,” State Attorney’s Office spokeswoman Samantha Syoen said. “The incident is still under investigation.”

Mark Weinstein, an attorney representing Justice, said that he will be filing a lawsuit in Lee County court this week against multiple parties, including Joyner.

* * * * *
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Re: Allstate Agent Michael Joyner: Responsible For Hit & Run

Unread postby RatPak11 » Mon Sep 06, 2010 11:13 pm

http://www.naplesnews.com/news/2010/sep ... wsuit-all/

Victim of ACE Group golf cart crash files lawsuit; alleged driver named

COLLIER COUNTY — The attorney representing Jack Justice, one of three people run down by a sport utility vehicle in the parking lot of the ACE Group Classic golf tournament in February, has filed a lawsuit against the owners of the property where the crash occurred, the tournament operators — including the PGA Tour — as well as the owner of the SUV and his company.

The 37-page lawsuit was filed by Mark S. Weinstein on Aug. 27 in Lee County Court.

“Mr. Justice almost died,” Weinstein said. “He’s lucky to be alive.”

“His injuries were completely avoidable,” Weinstein added. “When a corporation sponsors a golf event; when a corporation runs a golf event; when a corporation is paid to plan a nationally televised golf event where the purpose is to invite the public onto your premises and in the end make money ... you can’t just have a parking lot area and just say ‘Everyone park here. Good luck.’”

The defendants are listed as the PGA Tour Inc.; Octagon Inc., a sports marketing firm; ACE Group Enterprises, Inc., which sponsors the tournament; the Champions Tour Tournament Association, Inc.; Centex Realty, Inc. and Pulte Home Corporation; Naples-based Coral Hospitality, LLC, a hotel and resort management company; Michael McKenzie Joyner, the owner and alleged driver of the SUV; and Allstate Insurance Company, for whom Joyner sells insurance.

The lawsuit claims that the tournament operators and sponsor, along with the property owners and manager, had inadequate lighting in the parking area where the crash occurred, failed to follow industry standards in designing and building the parking area, failed to use proper traffic control devices, designed the parking area in a confusing fashion, and didn’t properly staff the parking area.

Joyner “was negligent” because he failed to stop and maintain a proper distance, and was driving carelessly and at a excessive and unsafe speed, the lawsuit claims.

Representatives from Allstate, Centex/Pulte and the Champion Tour declined comment on the pending litigation. Attempts to reach the other defendants on Wednesday were unsuccessful.

“Allstate Insurance Company was not a sponsor of this event or involved with it in any way,” Allstate spokeswoman Amy Moore said in an e-mail. “We understand that Mr. Joyner participated in the event on his own personal behalf and not on behalf of Allstate. Allstate agents are NOT Allstate employees but rather are independent business owners licensed and under contract to sell Allstate Insurance products and service Allstate customers.”

Weinstein declined to comment on how much he and Justice are seeking in damages, saying he has never discussed monetary demands with the media and never will.

“It is a very substantial case given the injuries to Mr. Justice,” Weinstein said.

The crash occurred just after 7 p.m. on Feb. 14, at the conclusion of the tournament at the Quarry in North Naples.

Justice, who worked at the course, was driving two spectators — David Schaefer and Diane Schaefer — to their car in a golf cart. As they drove on a gravel road adjacent to Quarry Drive, the SUV was headed straight at them.

Justice said he attempted to get out of the vehicle’s path, but was unable to avoid the collision. The SUV struck the golf cart head on, drove over it and fled the scene.

The golf cart was mangled, and Justice and both Schaefers were hospitalized for weeks with broken bones. Justice had metal plates and rods inserted into his legs, arm and hip.

Investigators from the Collier County Sheriff’s Office eventually located the SUV, and identified the owner as Joyner, a Fort Myers-based Allstate insurance agent who was at the tournament the day of the crash. In May, the Sheriff’s Office requested a warrant from the State Attorney’s Office for Joyner’s arrest.

Complicating their case, it does not appear investigators have located a “wheel witness” who can place Joyner behind the wheel at the time of the crash. Joyner has not been cooperating with the investigation.

“There were people driving around in the dark, willy nilly, with no direction of where to go, without staff people directing traffic where to go in an appropriate fashion,” Weinstein said. “It was foreseeable that someone was going to get killed or tragically hurt.”

Connect with Ryan Mills at http://www.naplesnews.com/staff/ryan-mills/

Comments:

September 1, 2010
2:07 p.m.

OKcorral writes:
why would Joyner cooperate? anything he says can be held against him.
...September 1, 2010
3:18 p.m.

sarahbellum4 writes:
WHat a jerk. So he seriously hurts 3 people and isn't going ot own up to it. You are so not a man. You will get yours in the end. Karma will be worse to you than the justice system. Idiot! Go to some AA meetings while you are at it drunky.
...September 1, 2010
3:59 p.m.

anotherPOV writes:
"Wheel witness" is a load of ----- useful only for people with money. If you put a mask on your head, park under the security camera, rob the bank, get into your car and drive home the police will not need a "wheel witness". How many "wheel witnesses" backed up the red light cameras?
...September 1, 2010
4:25 p.m.

Keats writes:
If Joyner doesn't go to jail for this and receive a huge fine, there is a huge problem with the Collier County judicial system.
...September 1, 2010

4:26 p.m.
rfn026 writes:
They can give me a ticket for "running" a red light but if I run into someone that's ok?

How much money does this guy have?

Richard
...September 1, 2010
4:49 p.m.

beetlejuice writes:
Insurance salesmen are annoying, but he takes cake of disgusting behavior. BE A MAN....loser.
...September 1, 2010
5:27 p.m.

naplesres writes:
COWARD
...September 1, 2010
5:28 p.m.

thirdeye writes:
ummhmm yep...cha ching!
...September 1, 2010
6:03 p.m.

spoonerfun writes:
Would you buy insurance from this man??? No honesty in this Allstate agent!
...September 1, 2010
7:51 p.m.

TiredoftheBS writes:
People that insure through this person should call Allstate to change their agent.

I did this a few years ago for another reason and at first Allstate balked but when I threatened to cancel they caved!

BTW: Odds are this coward fled the scene because he probably was under the influence.
...September 1, 2010
8:53 p.m.

kakman writes:
Let's see. Recently if your vehicle was caught by the red light camera-- you got the ticket-- nobody cared who was driving-- could have been your 12 year old illegitimate kid-- you got the ticket.
So what's different in this case?
Just because this moron sells insurance, I suppose he thinks he can get away with this.
"Wheel witness" is a bunch of crap. The state attorney needs to get a backbone and charge this guy and let him try to prove he's innocent. Isn't that the way it works for the little guy?
...September 1, 2010
9:08 p.m.

WAVO52 writes:
NAPLES DAILY.I thought the golf cart drivers name was TIM JUSTICE..who is JACK?
...September 1, 2010
9:25 p.m.

Lucifer writes:
I wonder how many clients this criminal has lost? All of them I hope.
...September 1, 2010
11:02 p.m.

beetlejuice writes:
All State should be so PROUD
...September 1, 2010
11:02 p.m.
Sugg
beetlejuice writes:
in response to spoonerfun:

Would you buy insurance from this man??? No honesty in this Allstate agent!

well said
...September 2, 2010
4:34 a.m.

floridacarpenter writes:
"willy nilly" ?
...September 2, 2010
9:24 a.m.

MichaelWesten writes:
in response to floridacarpenter:

"willy nilly" ?

Haphazardly isn't as fun to say.
...September 2, 2010
9:30 a.m.

The_Law writes:
I dont know, but if i was on that jury I'd be awarding somewhere in the 7 figure range. Anytime you have metal rods and screws implanted in your body you are NEVER the same. Ace as a sponsor and the PGA should be opening up the wallets to settle this fast!
...September 2, 2010
10:18 a.m.

Robertofnaples writes:
I was told by servers at that club; they knew that night who was driving. It was reported his wife came into the club and ask for a cab; as her husband had been in an accident. Just minutes before, he went to retrieve the car, being the gentleman he was. I'd suopena his cell records, his credit card staements, and depose "all" wait staff that worked that night. If I remember, there were off duty deputies directing traffic onto Immokalee Road that night. Put 2 and 2 together here.I do though question the shotgun approach to sueing everybody and any company associated with this event. After all, once you show you are not involved; you can sue to recover expenses for being sued. Like I said, the drivers identity was known that night.
...September 2, 2010
10:48 a.m.

kappa1997 writes:
Say good bye to that golf tournament. Sponsors will pull the plug.....Hope those victims recover from their physical losses as they will likely never recover from their mental anguish. Cancelled my allstate policy even though its not with the guilty driver of that vehicle.
...September 2, 2010
10:51 a.m.

pitbull39 writes:
in response to Keats:

If Joyner doesn't go to jail for this and receive a huge fine, there is a huge problem with the Collier County judicial system.

there are 2 collier county judicial systems. one for the rich and connected, another for the rest of us. seems like it has alwawys been that way. time to clean house at the district attorneys office! justice bought and paid for is not justice at all... only in collier county!
...September 2, 2010
11:01 a.m.

liberty4me writes:
Great, another law suit! Suit the driver, why the promoters? Why were they driving in the dark in an unlighted cart? Personal responsibility, please?
...September 2, 2010
1:34 p.m.

swamp4ever writes:
in response to The_Law:

I dont know, but if i was on that jury I'd be awarding somewhere in the 7 figure range. Anytime you have metal rods and screws implanted in your body you are NEVER the same. Ace as a sponsor and the PGA should be opening up the wallets to settle this fast!

You are an example of what is really wrong with this country.
.
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Re: Allstate Agent Michael Joyner: Responsible For Hit & Run

Unread postby RatPak11 » Fri Nov 05, 2010 3:03 pm

http://www.marconews.com/news/2010/nov/ ... golf-cart/

Arrest made in golf cart hit-and-run at ACE Group Classic
By TARA E. McLAUGHLIN
marconews.com
Posted November 3, 2010 at 11:45 a.m., updated November 3, 2010 at 8:42 p.m.

NAPLES — It was Valentine’s Day evening when the dust settled on a North Naples parking lot revealing a crumpled golf cart that looked as though it had been in a crash. A red sport utility vehicle was driving away.

This was the scene described by a witness, Michael Surgen, in a taped interview with the State Attorney’s Office.

It happened the night of the ACE Group Classic golf tournament at the Quarry residential community on Immokalee Road.

Surgen had, just minutes before the crash, been riding in a red SUV with the man accused of causing the crash, Michael Joyner.

The two, among others, had been at the club house bar, where 25 minutes before the crash, Joyner signed a receipt for four beers. Joyner had just dropped Surgen off at his car.

At 7:14 p.m., a head-on crash with a red SUV sent three golf cart occupants flying. The golf cart had been pushed back about 80 feet.

The accounts of the night are according to a three-page affidavit signed by John Neiderhiser, a Collier County Sheriff’s Office investigator. The statement was filed in county court along with a warrant for Joyner’s arrest issued on Monday.

By Tuesday, Joyner, a 53-year-old insurance man, had turned himself in and was arrested on charges of leaving the scene of a crash with personal injury, a third-degree felony punishable by up to five years in prison.

Joyner appeared via video from jail at a first hearing, which reduced his $50,000 bond by half.

At that hearing, Joyner’s attorney, Jerry Berry, asked Judge Mike Carr to reduce the amount needed to release his client from jail.

“We agree that there’s probable cause in this case,” Berry said. He went on to outline reasons why Joyner was not a flight risk: he owns a business, he has two grown children, he’s never been in trouble before. “I think $50,000 bond on a third degree felony is awfully high.”

The judge agreed and set bail for $25,000.

Joyner’s 5-foot 11-inch frame draped in an orange jumpsuit stood, hands behind his back, in the jail facility. His image was piped in and shown on a courtroom TV.

Joyner was expected to post bail Wednesday night, Berry said.

Neither Joyner nor his attorney said Joyner was driving the SUV the night of the crash, but officials had suspected Joyner almost immediately.

According to the affidavit, on the night of the crash, Joyner’s wife, Bonnie Joyner, “drew attention to her intoxication” at the club house where the couple had been and asked the club house staff to call her a taxi.

She had been on her cell phone saying her husband had just been in an accident and she needed a ride home, the report said.

“See, I told you I heard a thump and something happened,” she said, looking toward the emergency lights that had arrived at the accident scene, Neiderhiser reported.

Two days later, investigators traced her taxi-cab ride to the Joyner residence at 3729 Pino Vista Way, Estero, where the man suspected of being behind the wheel during the crash answered the door.

Neiderhiser asked to see the vehicle and Joyner, after calling his lawyer, opened his neighbor’s garage showing a 2007 red Chevrolet Tahoe with damage “consistent with those left at the scene of the crash,” the statement said.

The investigation showed that, at one time, part of the grill from the crash scene had been attached to Joyner’s vehicle and crash data retrieval from the car showed an “event with a vehicle speed of 38 mph.”

But reports have said a driver can’t be prosecuted without a “wheel witness,” someone who placed Joyner behind the wheel.

Sheriff’s spokeswoman Michelle Batten acknowledged the investigator still did not have such a witness. However, “It would be up to the State Attorney’s Office to determine the importance of the wheel witness,” she said.

That office’s spokeswoman, Samantha Syoen, said they believe they have the evidence they need to make the case.

“If the evidence is not there, we cannot agree to a warrant,” she said.

But it’s been more than eight months since the crash sent three people to the hospital.

The Sheriff’s Office submitted its request for a warrant in May. When asked why it has taken five months to sign off on the warrant, Syoen said the office had been working with the Sheriff’s Office to gather more information. She declined to specify what information had been lacking.

For Berry, the time lapse shows one thing.

“When it takes a long time, it means they have to piece the case together,” he said. Though he declined to say whether or not that boded well for his client.

Victim Jack Timothy Justice, then 51, who had been driving guests David and Diane Shaefer, 61 and 56 at the time, to their vehicle, could not be reached for comment. All three had been hospitalized for weeks and Justice was pieced back together with titanium rods in his legs and arm.

Justice eventually sued Joyner and others, including the golf event’s sponsor.

“Mr. Justice almost died,” said his attorney Mark Weinstein in an earlier report. “He’s lucky to be alive.”

Formal charges may be filed before or at Joyner’s arraignment schedule for 8:15 a.m. Nov. 29.


.
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Re: Allstate Agent Michael Joyner: Responsible For Hit & Run

Unread postby RatPak11 » Tue Feb 08, 2011 10:24 pm

http://webcache.googleusercontent.com/s ... google.com

Trial set for man accused of hit-and-run golf cart crash at ACE Group Classic
Posted February 2, 2011 at 3:11 p.m.

Michael MacKenzie Joyner, the Fort Myers insurance agent accused of running down three people in a golf cart with his sport utility vehicle after last year’s ACE Group Classic golf tournament, is tentatively slated for trial on July 25, according to Collier court records.

Joyner, 53, is facing a charge of leaving the scene of a crash with personal injury, a third-degree felony. The maximum sentence, if convicted, is five years in state prison, Assistant State Attorney Dave Scuderi said.

“We’re going to start taking depositions and getting ready for trial,” said Jerry Berry, Joyner’s attorney.

The crash occurred just after 7 p.m. on Feb. 14, at the conclusion of the golf tournament when Justice, a course employee, was driving two guests, David and Diane Shaefer, back to their car in a golf cart. As they were driving west, without headlights, on a gravel road adjacent to Quarry Drive, the SUV was heading east.

Justice was unable to get out of the SUV’s path, and the golf cart was run over in a make-shift parking lot off the main drag. The golf cart was mangled, as were Justice and the Shaefers, who were hospitalized for weeks with several broken bones.

The SUV fled the scene.

Investigators eventually identified the vehicle as Joyner’s Tahoe, which they found with extensive front-end damage. Joyner turned himself in and was arrested in November.

Justice is still in pain, is still suffering from the effects of surgery, and hasn’t made much progress in recent months, said his attorney, Mark Weinstein.

“The effects are not only physical, which of course after multiple surgeries are severe, but economic as well due to his inability to work,” Weinstein said of his client.

In August, Weinstein filed a lawsuit in Lee County Court against Joyner and his insurance company, as well as the property where the crash occurred and the tournament operators — including the PGA Tour. Weinstein said he has demanded the plans for the makeshift parking lot.

“I have not received them yet,” he said. “It will be interesting to learn whether they really exist.”
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Re: Allstate Agent Michael Joyner: Responsible For Hit & Run

Unread postby RatPak11 » Tue Aug 30, 2011 10:55 pm

http://www.marconews.com/news/2011/aug/ ... artner=RSS

Trial date set for Joyner, accused of running down golf cart with SUV
By Naples Daily News staff report
marconews.com
Posted August 29, 2011 at 8:48 p.m.

A Jan. 30 trial date has been set for Michael McKenzie Joyner, 53.

Joyner is accused of running down three people in a golf cart while he drove a sport utility vehicle in the parking lot of the ACE Group Classic golf tournament in February 2010.

A pre-trial date was set for Jan. 25 at 1:30 p.m. with Collier Circuit Judge Frederick Hardt.

Joyner is facing a charge of leaving the scene of a crash with personal injury, a third-degree felony. The maximum sentence, if convicted, is five years in state prison He is also charged with destroying, tampering or fabricating physical evidence.

A trial date had previously been slated for late July, but was canceled after the judge granted a continuance in the case, according to court records.

The crash occurred just after 7 p.m. on Feb. 14, 2010 at the conclusion of the golf tournament when Jack Justice, a course employee, was driving two guests, David and Diane Shaefer, back to their car in a golf cart.

Justice was unable to get out of the SUV’s path, and the golf cart was run over in a make-shift parking lot off the main drag. The golf cart was mangled, as were Justice and the Shaefers, who were hospitalized for weeks with several broken bones.

Investigators eventually identified the vehicle as Joyner’s Tahoe. Joyner turned himself into the Collier jail last November.
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Re: Allstate Agent Michael Joyner: Responsible For Hit & Run

Unread postby RatPak11 » Sat Feb 11, 2012 4:33 pm

http://www.marconews.com/news/2012/jan/ ... this-week/

Golf cart crash suspect's trial set to begin this week
By JACOB CARPENTER
marconews.com
Posted January 29, 2012 at noon

Nearly two years since a Valentine's Day crash at the ACE Group Classic golf tournament put three people in the hospital, the suspected driver is scheduled for trial this week.

Sheriff's officials have said Michael Joyner, 54, of Estero, was behind the wheel of an SUV that hit a golf cart carrying three people in the parking lot of the Quarry residential community in February 2010.

Joyner has pleaded not guilty and said in civil court filings he wasn't driving the SUV that collided with a cart driven by Jack Justice and carrying David and Diane Schaefer. All three were hospitalized with several broken bones.

About 40 people are listed as potential witnesses during the trial, which is scheduled to start Monday before Collier Circuit Judge Fred Hardt.

Joyner is charged with leaving the scene of a crash with personal injury, a felony punishable by up to five years in prison. He has been free on $25,000 bond. Records show Joyner rejected a plea offer, the details of which weren't immediately available.

A Sheriff's Office affidavit ties Joyner to the crash, but Joyner's court file gives no indication whether prosecutors have a witness that places Joyner behind the wheel during the crash, which could make the prosecution circumstantial.

Joyner's lawyer, Jerry Berry, declined to comment about the case in advance of the trial. The State Attorney's Office doesn't comment about pending cases.

Sheriff's officials have said the three victims were hit head-on by an SUV as they rode in a golf cart through a temporary parking lot at about 7:15 p.m. in the Quarry, located off Immokalee Road. The collision sent the golf cart back about 80 feet and ejected all three people.

While the affidavit said there were no witnesses to the crash, an interview with North Naples resident Michael Surgen placed Joyner near the scene. In a statement to the State Attorney's Office, Surgen said he was given a ride to his car in a red SUV driven by Joyner. After he was dropped off, Surgen lost sight of Joyner's vehicle, but later came upon the damaged golf cart. Surgen said he saw the red SUV leaving the scene.

Sheriff's officials met with Joyner — an insurance agent — at his home two days after the crash. Joyner agreed to show investigators his Chevrolet Tahoe, which had damage to the front of the vehicle "consistent with the crash being investigated," the affidavit said. Data retrieved from the Tahoe's electronic system showed the car had been involved in a crash while traveling at 38 mph.

Witnesses said Joyner attended the event with his wife, who was overheard saying her husband had been in a crash. The affidavit said Joyner had signed for a bill at the event for four beers before the crash.

While investigators pegged Joyner as the driver within days of the crash, an arrest warrant wasn't issued for another 8 1/2 months. State Attorney's Office officials said the time was needed to gather more information.

Since the crash, the three victims all have filed lawsuits against Joyner and several groups tied to the golf tournament, including PGA Tour Inc., ACE Group Enterprises and the Champions Tour Tournament Association. The lawsuit alleges that tournament organizers failed to create a safe parking lot for spectators, and that Joyner is responsible for causing the crash and negligently leaving the scene.

All defendants in the lawsuit have denied responsibility, with three groups — Allstate Insurance Co., the Champions Tour Tournament Association and Octagon Inc. — filing motions to have their names dropped from the lawsuit. A mediation date has been set for March 5.

Joyner has denied responsibility in the lawsuit as well, court records show.

"Defendant denies that he was the operator of the vehicle involved in the subject accident and further denies negligence on his part," Joyner's civil lawyer wrote.
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RatPak11
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Re: Allstate Agent Michael Joyner: Responsible For Hit & Run

Unread postby RatPak11 » Sat Feb 11, 2012 4:42 pm

http://www.marconews.com/news/2012/jan/ ... crash-hit/

Joyner pleads in ACE Classic golf cart hit-and-run crash
By JACOB CARPENTER
marconews.com
Posted January 30, 2012 at 10:30 a.m., updated January 30, 2012 at 6:31 p.m.

The driver in a hit-and-run crash at the 2010 ACE Group Classic golf tournament faces prison time after pleading no-contest to three charges Monday.

Michael Joyner, 54, of Estero, faces a maximum of 11 years in prison if sentenced consecutively on two felony charges and one misdemeanor count. Sentencing guidelines suggest a three-and-a-half-year prison term, but Collier Circuit Judge Fred Hardt can impose a punishment above or below the recommended term.

Joyner, whose trial was scheduled to start Monday, pleaded no contest to charges of leaving the scene of a crash involving injury, evidence tampering and reckless driving involving injury. The first two charges carry a five-year maximum prison sentence, while the reckless driving charge is a misdemeanor punishable by up to one year in jail.

Sentencing is scheduled for March 8.

The charges stem from a crash at the Quarry residential community in North Naples that put three people — Jack Justice, and David and Diane Schaefer — in the hospital with several broken bones.

Collier County sheriff’s officials said Joyner was driving a sport utility vehicle in the tournament parking lot when he collided with a golf cart driven by Justice and carrying the Schaefers. Using data retrieved from the SUV, investigators determined Joyner was driving 38 mph immediately before the crash, pushing the cart back about 80 feet, an arrest affidavit said.

Detectives identified Joyner as a suspect and located him two days after the crash. A red Chevrolet Tahoe with front-end damage was parked in his garage. The vehicle matched the description of a SUV seen leaving the scene by a witness.

Prosecutors originally charged Joyner with leaving the scene of a crash involving injury, but later added the evidence tampering and reckless driving involving injury charges.

Joyner didn’t speak at length during Monday’s hearing, only answering questions about whether he understood the terms of his plea agreement. His lawyer, Jerry Berry, declined to comment about the agreement.

Assistant State Attorney Mara Marzano said the three victims, some of whom live out-of-state, were aware of the plea agreement and might attend the March sentencing.

The victims have filed lawsuits against Joyner and tournament organizers. Justice’s civil lawyer, Mark Weinstein, released a statement about the plea on behalf of his client and the Schaefers.

“Mr. Justice and Mr. and Mrs. Schaefer, all of whom were almost killed that night and still face a lifetime of rehabilitation ahead, would like to thank the Sheriff’s Office and the prosecutors for their tireless and successful efforts to bring about justice in this tragic matter,” Weinstein said in the statement.

Joyner is accused in the lawsuit of negligence for causing the crash. Organizers are accused of failing to create a safe temporary parking lot.

Joyner has previously denied in civil court filings that he was behind the wheel of the SUV. Weinstein said criminal statutes require Joyner to drop his claim. Efforts to reach Joyner’s civil lawyer, Ronald Arend, were unsuccessful.

The lawsuits also seek damages from Allstate Insurance Company, for whom Joyner was an agent at the time of the crash. Allstate has denied responsibility, saying Joyner was an independent agent.

Weinstein said Allstate’s lawyers should drop that claim after Monday’s plea agreement because it was found that Joyner was entertaining Allstate clients at the golf tournament and made a charge to a company credit card.

“While there is no doubt the parking lot was badly designed and not lit, the effect of today’s plea on the civil suit is that Allstate will have to formally withdraw its untrue claim that its agent Mr. Joyner was not driving the car, and was not driving it negligently or recklessly as to cause injuries,” Weinstein said in the statement.

A lawyer for Allstate had filed a motion to end its involvement in the Justice lawsuit, but it was withdrawn Friday. Allstate officials didn’t respond to a request for comment about the impact of Monday’s plea on the lawsuits.
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Re: Allstate Agent Michael Joyner: Responsible For Hit & Run

Unread postby RatPak11 » Sat Apr 07, 2012 3:57 pm

http://www.news-press.com/article/20120 ... %7Cmostcom

Estero man sentenced to 4 years in prison for 2010 ACE Group Classic hit-and-run crash
11:11 PM, Apr. 5, 2012

For running over a golf cart and injuring three people and then fleeing the crash scene in Collier County, an Estero man will spend the next four years in prison, a judge ruled Thursday.

After his release from prison, Michael Joyner, 54, will spend five years on probation, Circuit Judge Frederick Hardt said.

The judge said Joyner also must complete 300 hours of community service.

Joyner, who ran an Allstate Insurance business, pleaded no contest in January to two counts of leaving the crash Feb. 14, 2010, in a parking lot after the ACE Group classic golf tournament in north Collier County.

Joyner did not get the maximum five years requested, but Assistant State Attorney Mara Marzano said she was pleased with the sentence.

“It sends a message that people shouldn’t do what he did,” she said.

Defense attorney Jerry Berry declined comment.

Joyner drove 38 mph in the parking lot and then crashed his SUV into a golf cart, with no lights on, that crossed his path.

Three people were seriously injured in the accident.

According to witness testimony, Joyner got out of his vehicle, asked if the people were alright, then climbed back in the SUV and drove off. He drove to his Estero home and kept the vehicle in a garage for the next two days.

Although he testified he was going to get help, “he turned onto Immokalee Road and never looked back, never calling 911 for help … he left those people there on the ground, possibly dying,” she said.

Marzano said Joyner should get the maximum sentence of five years under his plea deal.

However, Berry argued for leniency, noting the victims’ attorneys, representing them in a civil suit they filed against Joyner, asked he be sentenced to community service and mentioned no prison time.

Berry also said Joyner didn’t call 911 because people were coming to assist the injured and he could hear sirens in the background and knew help was on the way.

Still, although “we’re not saying Mr. Joyner is an evil man, this is a man who made a very bad decision and, as an adult, you’re responsible for bad decisions,” Marzano said.

Joyner was arrested months after the crash after a witness told detectives Joyner was driving the SUV at the time of the crash.

12:31 p.m.

For running over a golf cart and injuring three people and then fleeing the crash scene in Collier County, an Estero man will spend the next four years in prison, a judge ruled this morning.

After his release from prison, Michael Joyner, 54, will spend five years on probation, Circuit Judge Frederick Hardt ruled. The judge said that Joyner must also complete 300 hours of community service.

Joyner, who ran an Allstate Insurance business, pleaded no contest in January to two counts of leaving the crash scene the night of Feb. 14, 2010 in a parking lot following the ACE Group classic golf tournament in north Collier County.

Although Joyner did not get the maximum five years she requested, Assistant State Attorney Mara Marzano said she was nonetheless pleased with the sentence. “It sends a message that people shouldn’t do what he did,” she said.

Defense attorney Jerry Berry declined comment.

What Joyner did was drive 38 mph in the parking lot and then crashed his SUV into a golf cart, with no lights on, that crossed his path.

Three people were seriously injured in the accident.

According to witness testimony, Joyner initially got out of his vehicle, asked if the people were all right, then climbed back in the SUV and drove off. He drove to his Estero home and kept the vehicle in a garage for the next two days.

Although he testified that he was going to get help, “he turned onto Immokalee Road and never looked back, never calling 911 for help … he left those people there on the ground, possibly dying,” she said.

Marzano said that Joyner should get the maximum sentence of five years under his plea deal.

However, Berry argued for leniency, noting that the victims’ attorneys, representing them in a civil suit they filed against Joyner, asked that he be sentenced to community service and mentioned no prison time.

Berry also said that Joyner didn’t call 911 because people were already coming to assist the injured and he could hear sirens in the background and knew help was on the way.

Still, although “we’re not saying Mr. Joyner is an evil man, this is a man who made a very bad decision and, as an adult, you’re responsible for bad decisions,” Marzano said.

Joyner was finally arrested months after the crash after a witness told detectives that Joyner was driving the SUV at the time of the crash.
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