State Will Not Seek Prosecution of Kruse for DUI

MANATEE COUNTY  — After determining that there is insufficient evidence to prove Manatee County Commissioner George Kruse was driving while under the influence at the time of a single-vehicle accident in April 2022, the State Attorney's Office has decided it will not move forward to seek prosecution in the case. 

 

On April 29, 2022, the Sarasota Herald reported that the Manatee County Sheriff was investigating a traffic incident involving the commissioner, who had crashed his Ford F-150 into a tree outside his neighborhood of Greyhawk Landing on April 20. 

 

The first deputy to arrive at the scene the night of the incident determined that—despite his stated belief that the commissioner was intoxicated—he could not conduct a DUI investigation or sobriety tests due to an inability to place the commissioner behind the wheel at the time of the crash. The MCSO, however, later confirmed it had opened an investigation into the matter when it became aware that audio from a 911 call recorded after the commissioner’s vehicle self-called for emergency assistance appeared to confirm Kruse was driving at the time of the incident. 

 

At the conclusion of its investigation, MCSO believed that there might be sufficient evidence to support a charge of DUI and submitted a capias request for the state’s review and consideration of any charges. 

 

By late June 2022, the State Attorney's Office for the 12th Judicial Circuit formally charged Kruse with the misdemeanor single count of driving under the influence. At the time, a spokesperson for the office released a statement announcing the action. 

 

"Due to the public interest shown in the case and in response to our frequent media inquiries about the status of this case, today the State Attorney’s Office announces that an Information is being filed charging George K. Kruse with a single count of Driving Under the Influence (DUI)," the statement read in part while reminding that "all defendants are presumed innocent until proven guilty in a court of law." 

 

On July 14, 2022, Kruse entered a plea of "not guilty" in response to the charge against him. 

 

In January of this year, the 12th Judicial Circuit Judge presiding over the case, Erika Quartermaine, sided with the defense and ordered that statements made by Kruse recorded by a deputy’s body camera immediately following the crash were inadmissible in the prosecution's case. Quartermaine issued her order based on the fact that the responding officer never issued the defendant a Miranda warning prior to questioning him about the crash on the evening of the incident. 

 

Although criminal cases are prosecuted in local courts by the State Attorneys or a statewide prosecutor appointed by the Florida Attorney General, the AG represents the State Attorney in appeals to the District Courts of Appeal or the Supreme Court. 

 

Following Judge Quartermaine’s order, the state sought an appeal arguing that Kruse’s statements captured on the deputy’s bodycam should be admissible due to his having given a conflicting account of the cause of the crash to an insurance adjuster days after the crash, than he had initially provided to a deputy. 

 

However, the Attorney General determined that due to a lack of clarity in Florida Statutes, it would not pursue the appeal on behalf of the SAO. The state’s motion to appeal was voluntarily dismissed by the AG last week. 

 

In a memo addressed to the Manatee County Sheriff's Office, State Attorney Division Chief Darlene Ragoonanan summarized the SAO’s decision to no longer seek prosecution of the charge against Kruse following the Attorney General’s dismissal of the appeal. 

 

"Given that a significant portion of evidence the State relied upon to establish the defendant’s impairment has been determined to be inadmissible, this evidence would therefore, not be able to be heard by a jury. The absence of this evidence, coupled with the lack of a DUI investigation at the scene, significantly limited the available evidence for the jury’s consideration on the issue of impairment and the State believes that due to this insufficiency of evidence, the State will no longer be able to move forward with the DUI charge, and the charge will be nolle prossed," Ragoonanan wrote. (Click here to read the memorandum in full.)

 

The SAO entered its nolle prosequi in the case dated June 20, 2023. Nolle prosequi is a required legal notice of record informing of the state's intention to abandon its prosecution of the charge.

 

Reached by phone Tuesday afternoon, Kruse told TBT that he had only recently learned of the state’s determination and was unprepared with a formal comment, but said he was happy to hear the process had reached a conclusion. 

 

"I respect the role of the State Attorney’s Office and have remained focused on my role as a county commissioner while the office did its work and the legal process played out," Kruse said, adding that he hopes the progress made these past twelve months and the attention to Manatee County citizens’ concerns reflect that this unfortunate situation has not deterred him from doing the job he was elected to do. 

"I understand that the case will not be moving forward as the evidence does not support the charges. I regret that this distraction has at times overshadowed county business but, now that the process has concluded, I look forward to continuing to focus on my responsibilities as a county commissioner," he concluded.

Dawn Kitterman is a staff reporter for The Bradenton Times. She covers local government and entertainment news. She can be reached at dawn.kitterman@thebradentontimes.com.