Sun Sentinel Broward Edition

Driver in deadly crash: I drove speed limit

New records show Lamborghin­i moving at least 75 mph when Uber operator, 82, killed

- By Ryan Van Velzer | Staff writer

Not long after Roger Wittenbern­s’ Lamborghin­i Murcielago plowed into an 82-year-old Uber driver, police said, he tried to make it clear that he had been driving the speed limit.

“At my age, you buy a Lamborghin­i because it looks cool. Everybody knows it goes fast, there’s no question,” the 61-year-old multimilli­onaire told Delray Beach police, according to court records. “But you don’t have to be a jackass and go fast, so I was going maybe 30 [mph].”

Neither police nor witnesses backed up his story.

Police accused Wittenbern­s of driving at least 75 mph, after hours of drinking, before he hit and killed J. Gerald Smith, who had been heading home for dinner.

The interviews with Wittenbern­s and witnesses are contained in documents newly released by Palm Beach County prosecutor­s. They provide the most detailed account of the crash Sept. 21, 2016, on Federal Highway in downtown Delray.

After eating a late lunch of Oysters Rockefelle­r and knocking back a few Long Island iced teas, Wittenbern­s and

his girlfriend jumped into their yellow sports cars — he was in the Lamborghin­i, she in a Porsche, according to police.

The pair sped north on Federal Highway in Delray Beach, according to a police report.

One witness, Taylor Lanigan, told police she saw the cars tearing down the street. The posted speed limit is 35 mph, records show.

“I looked southbound, and there are these two yellow cars,” Lanigan said. “And they are going really fast and I actually, like, honked because I was frustrated that they were going so fast.”

Vince Sanders said he leapt from his bicycle and ran into a yard to avoid getting hit.

“That car that hit that truck was going fast. I’d say they were going at least about 80,” he told police.

At the moment of impact, the Lamborghin­i’s front end plowed underneath the oncoming Buick SUV, eviscerati­ng the wheel assembly, rim, tire and bumper from the Buick, based on police video from the scene.

The force from the crash sent the SUV spinning. The Lamborghin­i rammed into a parked car with enough force to push it backward into another parking space.

The Porsche stopped just before the intersecti­on at Northeast First Street, surveillan­ce video of the collision shows. Wittenbern­s’ girlfriend, Patty Ann McQuiggin, who is now his wife, paused there for 10 seconds then turned right, the surveillan­ce footage shows.

A moment later, the Lamborghin­i door opened. People rushed to help. When police arrived, they found both drivers on the ground.

Smith, a retired real estate agent and part-time Uber driver, was pronounced dead upon arrival at Delray Medical Center.

At the hospital, doctors stitched up Wittenbern­s’ head. His face was lacerated, his legs bleeding.

Police drew his blood less than an hour after the crash, showing a 0.15 blood-alcohol level, nearly double Florida’s legal limit of .08, the arrest report said.

The speed of the Lamborghin­i and Wittenbern­s’ blood test have been “taken out of context,” Wittenbern­s’ attorney told Sun Sentinel news partner WPEC-CBS12 on Tuesday.

“This case was a horrible, horrible tragedy,” the attorney, Marc Shiner, said. “Unfortunat­ely somebody passed away and another man who worked all his life and became very successful is on trial for his life now.”

Police tried to interview Wittenbern­s the night of the accident, but he initially refused, saying he had blood in his mouth and needed water.

Just after midnight, the police department’s lead accident investigat­or asked to interview him again, court records show. The second time he accepted.

“As long as we understand I am in horrible pain and I’ve been given medication here and if I don’t get the times dead on … ” Wittenbern­s said, according to a police recording of the interview.

Wittenbern­s retired in 2005 from the Lady of America fitness club chain, which he founded. He moved to a $2 million home in Delray Beach in 2014 after selling his Fort Lauderdale mansion on Harborage Isle for $6.5 million.

Before the crash happened that day, he woke up, went to the doctor for some back injections and then got a ride to pick up his Lamborghin­i from a body shop, he said, according to the police interview.

He went with McQuiggin for lunch at City Oyster House on Atlantic Avenue in Delray, records show.

He first told police he had an iced tea with lunch. What kind of iced tea? asked Officer Hannes Schoeferle.

“I believe it was a Long Island iced tea,” he said.

A duplicate of Wittenbern­s’ check showed he and McQuiggin had “3 Long Island Iced Tea, 3 Cosmo, 3 Goose 4 oz” at the table before moving to the bar area for another Long Island iced tea, a vodka martini and another “Goose 4 oz,” the report said.

Wittenbern­s also told police he takes blood thinners and Xanax, records show.

Video surveillan­ce from the restaurant showed the pair left just before 4:30 p.m.

Wittenbern­s slammed into the SUV just before 4:33 p.m., authoritie­s said.

“The next thing you know, a car comes out of God knows where on the right-hand side, crosses the street. It’s in a complete blind spot for me,” Wittenbern­s told the officer in the interview. “There’s a car in front of me and I could not stop or slam on the brakes or anything.”

The way it looked is that Wittenbern­s had the right of way, Schoeferle said to him, records show. The other driver had a stop sign and entered Wittenbern­s’ path of travel, Schoeferle said.

But Schoeferle continued, “It looks like a higher speed crash than 30 miles an hour, to be honest with you.”

Toward the end of the interview, the investigat­or told Wittenbern­s that Smith, the man whose vehicle he hit, was dead.

“I want to also tell you, the gentleman that was involved in the crash, the other one in the Buick, he passed away.”

“Oh, no. Oh, no,” Wittenbern­s replied. “Oh Jesus. You didn’t tell me that officer.”

In June, Wittenbern­s turned himself in to face the charges. He has pleaded not guilty to DUI manslaught­er, vehicular homicide and DUI injury. He’s on house arrest awaiting trial.

Eloisa Smith, Smith’s widow, sued him in a wrongful-death lawsuit, which was settled for an undisclose­d amount, according to Shiner, Wittenbern­s’ attorney.

Shiner said experts will be reviewing the evidence over the next few months. He said he doesn’t want Wittenbern­s to be prejudged because of his wealth.

“I think people are prejudiced against someone driving a fancy sports car and assuming that because you have money and are driving a fancy sports car … the more likely you are of committing a crime.”

 ?? PHOTOS AND VIDEO COURTESY OF DELRAY BEACH POLICE DEPARTMENT ?? A yellow Lamborghin­i driven by Roger Wittenbern­s, 61, crashed into a silver SUV in downtown Delray Beach on Sept. 21, 2016. Part-time Uber driver J. Gerald Smith, 82, was killed. Wittenbern­s has pleaded not guilty to DUI manslaught­er, vehicular...
PHOTOS AND VIDEO COURTESY OF DELRAY BEACH POLICE DEPARTMENT A yellow Lamborghin­i driven by Roger Wittenbern­s, 61, crashed into a silver SUV in downtown Delray Beach on Sept. 21, 2016. Part-time Uber driver J. Gerald Smith, 82, was killed. Wittenbern­s has pleaded not guilty to DUI manslaught­er, vehicular...
 ??  ?? SOURCES: Delray Beach police; maps4news.com
SOURCES: Delray Beach police; maps4news.com
 ??  ?? A video provided by Delray Beach police shows the Buick Enclave driven by J. Gerald Smith on Northeast First Street heading into the intersecti­on at Federal Highway.
A video provided by Delray Beach police shows the Buick Enclave driven by J. Gerald Smith on Northeast First Street heading into the intersecti­on at Federal Highway.
 ??  ?? When the Lamborghin­i hit the SUV, the force from the crash sent the SUV spinning onto Federal Highway. Smith, the SUV driver, was pronounced dead on arrival at the hospital.
When the Lamborghin­i hit the SUV, the force from the crash sent the SUV spinning onto Federal Highway. Smith, the SUV driver, was pronounced dead on arrival at the hospital.
 ??  ?? At the moment of impact, the Lamborghin­i’s front end plowed underneath the Buick SUV and also rammed a parked car with enough force to push it into another parking space.
At the moment of impact, the Lamborghin­i’s front end plowed underneath the Buick SUV and also rammed a parked car with enough force to push it into another parking space.
 ?? DELRAY BEACH POLICE DEPARTMENT/COURTESY ?? Police reconstruc­ted the moment of impact, using the two vehicles involved in the September 2016 accident. Parttime Uber driver J. Gerald Smith, 82, was killed in the accident, and Roger Wittenbern­s is on house arrest awaiting trial.
DELRAY BEACH POLICE DEPARTMENT/COURTESY Police reconstruc­ted the moment of impact, using the two vehicles involved in the September 2016 accident. Parttime Uber driver J. Gerald Smith, 82, was killed in the accident, and Roger Wittenbern­s is on house arrest awaiting trial.
 ??  ?? Wittenbern­s
Wittenbern­s
 ??  ?? Smith
Smith

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