The following are the six essential elements the state was required to charge Costello with:
- Costello was the driver of a vehicle involved in a crash resulting in death.
- Costello knew that he was involved in a crash
- Costello knew or should have known of the injury to or death of the victim
- Costello willfully failed to stop at the scene of the crash and render aid
- Costello caused the death of the victim.
- Costello knew of the specific impact that caused the death of the victim
Element 5 is an enhancement that becomes an essential element. The Apprendi implication caused this to be an essential element. An enhancement is when the state increases the minimum sentence.
Elements one through four are the standard elements in Florida Standard Jury Instruction 28.4
The state was required to provide Costello with this notice, so he knew and understood what he was being charged with. One cannot defend a charge, when they have no idea what they are being charged with.
Some minor details:
- Costello did not make contact with the Habitual Offender (presented as the victim, by the state), so Costello was not involved in the crash
- Costello could not have known that the Habitual Offender crashed his motorcycle, as this happened behind Costello and was a single vehicle accident. Costello was not involved.
- Had Costello had somehow known about the crash, he could not have known which impact caused the death of the Habitual Offender, as even the Medical Examiner had no idea
- The state was required to clearly state how Costello caused the death of the accident and prove that Costello was responsible. Since the accident happened behind Costello, and he neither caused nor even was aware of the accident, this would be impossible.
- The state was required to perform and accident reconstruction, which it didn’t bother to do, as it was aware Costello was not involved in the Habitual Offender’s single vehicle accident.