The attorney for Jeffry Knight, the boat owner charged with eight felonies in the April 27 collision between his private vessel and the Clearwater Ferry, has lashed out at investigators. J. Kevin Hayslett alleges the fault was that of the ferry captain, who was operating his vessel without proper nighttime lighting.
“It’s ironic — and frankly outrageous — that Knight was vilified while the ferry was operating in complete violation of federal safety standards,” Hayslett wrote in a letter to the media Tuesday.
“This is the maritime equivalent of a school bus driving at night with no tail lights – and blaming the driver who couldn’t see it.”
Knight, 62, was charged Monday with eight felony counts of Leaving the Scene of a Vessel Accident Involving Serious Bodily Injury and Death. Passenger Jose Castro, 41, was killed in the collision, and eight other passengers – some of whom have brought lawsuits against Knight – were seriously injured.
“Let’s be clear: these aren’t eight separate incidents — it’s one allegation copied eight times,” Hayslett said. “It may sound dramatic, but it’s not eight different acts. It’s the same charge applied to each passenger.”
Knight was arrested Monday, and released from the Pinellas County Jail after posting a $40,000 bond.
Ferry captain Dennis Kimerer, of Ellenton, was charged with Failure to Maintain Proper Lighting on the stern (rear) of his vessel. Knight and his attorney have maintained that the ferry was operating without a stern light, and that it was a factor in the collision as Knight’s boat came up behind it on Clearwater Bay, at dusk.
Through a family spokesman, Kimerer issued a response: “The charge against Captain Dennis Kimerer – who sustained life-threatening injuries in this tragic incident – is without merit. The evidence makes clear that Mr. Knight was operating his vessel at an unsafe and reckless speed. He then fled the scene of the collision – conduct that speaks volumes about where the fault lies. As any experienced boater or motorist understands, equipment malfunctions can occur in transit. A single light failure does not absolve another operator of the responsibility to navigate safely, maintain situational awareness, and adjust speed accordingly. The obligation to operate at a safe speed exists precisely to allow for the unexpected – something Mr. Knight negligently ignored. Additionally, public statements indicate other boaters in the vicinity could see the ferry despite the equipment failure.”
Through Hayslett, Knight has maintained that he did not linger long at the scene, to wait for investigators, because his tri-engine pleasure boat was taking on water, and he feared for the safety of his own passengers, including a mother with an infant child.
“We did not find any water intrusion, or any significant issues that would have limited the vessel’s capability to remain in place that night,” investigator Matt Dellarosa, of the Fish and Wildlife Conservation Commission, said Tuesday at a press conference announcing the charges against Knight.
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“Mr. Knight did remain on scene for a period of time, but our evidence revealed, and a lot of 911 call evidence revealed, that there was a significant change in the demeanor of what was occurring. And there was an attempt to leave the scene.”
“That allegation — first issued publicly by the Clearwater Police Department and quickly echoed by media outlets, public officials, and social media commentators — suggested that Knight fled responsibility,” Hayslett wrote.
Knight remained on scene for over 11 minutes, insisted the attorney, tied his vessel to the ferry, pushed it toward land to assist first responders and instructed a passenger to call 911, which resulted in a nine-minute recorded emergency call.
“He didn’t flee – he stayed, he helped, and he made the call. But that didn’t fit the early narrative.”
According to the FWC’s Dallarosa, Knight’s boat was stopped by the Pinellas County Sheriff’s Office “a good distance” from the scene. “And the discussion he had with those deputies did not indicate any desire to remain at the scene.”
While Knight passed a Breathalyzer test administered by the Sheriff’s Office, a blood test was not administered.
“If law enforcement had even a shred of evidence Jeff was impaired, they could have — and would have — compelled testing,” Hayslett said. “They didn’t. Because there wasn’t any.”
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