Trial starts for Delray man accused of friend’s murder
Polly Peak says she doesn’t want a jury to convict Lontrelle Durham of murder, or any criminal charge, in the death eight months ago of her son, DaJuan Peak.
The still-grieving mother from Delray Beach will even testify for Durham’s defense against first-degree murder and other felony charges connected to Peak’s Nov. 5 drowning in Lake Park.
Durham’s trial began Monday.
“I don’t think he should be charged with anything in the death of DaJuan,” Peak told the Sun Sentinel before shewatched attorneys make their opening statements. “I’m having a hard time with this.”
DaJuan Peak, 25, drowned in a retention pond while attempting to swim away from sheriff’s deputies seeking to arrest him on armed robbery and aggravated battery charges. Durham, whowasPeak’s best friend, emerged from the water andwas arrested.
Assistant State Attorneys Aleathea McRoberts and Terri Skiles say Durham, 20, is culpable because he drove a stolen car carrying Peak into thewater during a reckless attempt to flee from law enforcement officers.
Minutes earlier, deputies had tried to confront Peak outside an adult club.
“DaJuan Peak would be here today if this defendant would have just stopped,” McRoberts said.
She pointed to Durham’s decision to flee fromofficers with Peak in the passenger seat of the Volkswagen Passat and run a red light before crashing through a barrier at a dead-end road and launching into thewater.
“The defendant’s actions led to DaJuan Peak’s death,” she said.
But Assistant Public Defender Elizabeth Ramsey said there is no basis to support the murder charge, contending that Peak, after crawling out the car window, alone made the decision to swim away from the deputies to his “own demise.”
The defense attorney said the jury will watch a patrol car’s dashcam video that shows “Mr. Peak immediately begin swimming.”
“Police were in pursuit of him when he entered the lake and he swam for the deepest point,” Ramsey said, noting that Peak’s autopsy lists the cause of death as an accidental drowning.
Durham’s attorney had hoped to show the jury that Peak had a lengthy criminal record and a pattern of running from cops, but Circuit Judge Charles Burton refused to allow that evidence into the trial.
Ramsey said Durham is guilty of doing what any other 19-year-old would do under the circumstances, which is helping his friend, a man who dated his sister for 10 years and was like a brother.
“There is noway he could have anticipated what would have happened,” Ramsey said of her client.
The defense attorney also said Durham was driving a car borrowed from his girlfriend— despite the fact that the car was reported stolen from the girlfriend’s mother — so he shouldn’t face a grand theft auto charge.
Agents that night had staked out the Emperor’s club, 8340 Resource Road, after learning from Peak’s social media posts that he would be attending. Ramsey said he was there to hear a music act perform.
After the pair bolted from the parking lot, Durham drove east on Park Avenue, ran the traffic signal at Congress Avenue, andcontinued until crashing the Passat through a barrier and into thewater, McRoberts said.
It was about 3 a.m. when the car began taking on water, and both men pushed themselves out of windows and tried to swim away from the shoreline where several deputies stood and called out to the pair before entering the dark water themselves.
“It becomes apparent they are going todrown,” the prosecutor said of Peak and Durham’s struggle. “They are yelling for help.”
Durham’s attorney said the evidence shows Peak easily could have stood in the water around the sinking car andwalked out of the pond to safety, but he made the decision to get away and got in trouble. “My son had a record and a past with the police,” Polly Peak said. “He’s been to prison and all. Does he deserve to be dead? No.”
Ramsey also said fault for the crash is placedonan“extremely dangerous” condition due to design defects at the Park Avenue dead end.