Sun Sentinel Palm Beach Edition
Report: Couple ran up bar bill before fatal crash
Lamborghini driver surrenders in accident that killed 82-year-old
A Lamborghini driver and his girlfriend spent about two hours at a Delray Beach restaurant and ordered a dozen drinks before a crash that killed an 82-year-old Uber driver last September, according to a Delray Beach police report released Tuesday.
Roger Wittenberns, 61, turned himself in and was booked into Palm Beach County’s jail shortly after 7 p.m. Monday on charges that include negligent manslaughter and driving under the influence.
According to the police report, Wittenberns and Patty Ann McQuiggin — now his wife — were drinking at City Oyster in Delray’s downtown entertainment district the afternoon of Sept. 21.
A duplicate of Wittenberns’ check at Table 15 showed “3 Long Island Iced Tea, 3 Cosmo, 3 Goose 4oz” before moving to the bar area for another Long Island Iced Tea, a vodka martini and another “Goose 4oz” the report said.
The couple’s server confirmed that Wittenberns drank three Long Island Iced Teas, a drink typically made with tequila, vodka, rum, triple sec, gin and a splash of cola, the report said.
When the couple left the restaurant, Wittenberns drove his yellow Lamborghini and McQuiggin, then 61, followed in a Porsche, police said.
Wittenberns was headed north on Northeast Sixth Avenue when he crashed into Uber driver J. Gerald Smith’s silver Buick Enclave at Northeast First Street. Police reconstructed the crash and estimated Wittenberns’ speed at 75 mph.
Blood drawn at Delray Medical Center less than an hour after the crash showed Wittenberns’ blood-alcohol level at 0.15, nearly double Florida’s legal limit of .08, the arrest report said.
An investigator wrote in the report that Wittenberns had slurred speech and glassy eyes and told police that he had had “a couple of drinks.”
“He appeared tired and was unable to keep his eyes open,” the report said.
Wittenberns told police he was unable to stop or slam on the brakes before hitting Smith’s SUV. He also said he was taking medications that included a blood thinner and Xanax, an antianxiety drug.
He said he had had a Long Island Iced Tea but didn’t remember how many he drank, although the server “might’ve brought a second one.”
Smith, who had been heading home for dinner, died at the scene. Wittenberns, who founded the Lady of America fitness club chain, was hospitalized for his injuries.
At Wittenberns’ first court appearance Tuesday morning in West Palm Beach, Judge Dina KeeverAgrama set his bond at $450,000 and put him on house arrest.
Keever-Agrama ordered that Wittenberns have no contact with any witnesses — but one of the witnesses is McQuiggin.
The judge made an exception for Wittenberns to be able to talk with her, but the two are not allowed to discuss the case.
Wittenberns also is prohibited from driving, having alcohol or weapons, or having drugs without a prescription. He’ll be randomly tested for drugs and alcohol, the judge ordered.
His driver’s license and passport were surrendered to the court.
Walking out of the courtroom, Wittenberns’ lawyer, Marc Shiner, did not comment except to say: “This court case needs to be heard in the courtroom, not tried by the media.” His client faces charges of vehicular homicide, DUI manslaughter and DUI causing injury.
On Oct. 24, just over a month after the crash, Wittenberns and McQuiggin filed a marriage license application with the Palm Beach County Clerk’s Office. The two were married at the county courthouse in Delray Beach on Nov. 21, 2016.
Legal experts say people at risk of lawsuits or criminal charges can seek certain protections by getting married.
Fred A. Schwartz, a criminal defense and civil litigation attorney in Boca Raton, said marriage shields a husband or wife from testifying against a spouse in civil and criminal cases.
“Anything a wife sees or hears during the course of a marriage is privileged,” Schwartz said, using the example of a husband who comes home with blood all over his clothes and tells his wife he killed someone.
That right could cover any events, even those that took place before the marriage, he said.
Marriage also protects jointly owned property from being seized by a debt collector or in a lawsuit, said Schwartz, a partner with the law firm Kopelowitz Ostrow Ferguson Weiselberg Gilbert.
Smith was a retired real estate agent who was driving for the ride-hailing service Uber when the crash happened.
A wrongful death lawsuit against Wittenberns, filed in March by Smith’s widow, Eloisa Smith, was settled April 29 for an undisclosed amount.