[PHOTO CREDIT: Lake County Sheriff’s Office]
[Original Publish Date: 08/27/20]
LEESBURG, Florida — A drunk man who killed three members of the same family in a tragic Christmas Eve crash was more than double Florida’s legal limit, had amphetamines and benzos in his system and was driving nearly 50 mph over the posted speed limit, according to a crash report released by Leesburg Police Department Thursday.
Zachery Maurice Waldo, 34, of Mount Dora is facing a slew of charges stemming from the night of the crash and he added two more charges after striking a Lake County Sheriff’s deputy’s car and fleeing from law enforcement before his capture Wednesday night.
On Christmas Eve 2019, Waldo was driving a 2019 Dodge Ram around 8:30 p.m. eastbound on Dixie Avenue approaching Dozier Court, when a 2018 Toyota Corolla being driven by Christopher Smith attempted to make a left turn on Dozier Court from westbound Dixie Avenue, said Leesburg Police Capt. Joe Iozzi last year.
The event data recorder (EDR) for the Ram recorded the Ram’s speed at 84.5 mph one tenth of a second from the time of impact, but just 2 seconds before the Ram was traveling at 96.3 mph, according to the report. The posted speed limit is 35 mph, and a witness told LPD the Ram did not slow down, and the brake lights did not illuminate. A witness also put Waldo behind the wheel just the crash and DNA confirmed, Iozzi told Lake Legal News.
The front of the Ram struck right side of the Toyota, killing Smith, 44, and his wife, Jessica Smith, 35, both of Eustis. They were pronounced dead on the scene. The couple’s two children,11-year-old Hunter and 13-year-old Hailey, who were passengers in the Toyota, were taken to Orlando Health Arnold Palmer Hospital for Children for treatment. Hailey succumbed to her injuries and died on Christmas Day.
Waldo and his passenger, Kevin Cunningham, 33, were taken to Ocala Regional Medical Center for their injuries. LPD obtained hospital records and Waldo was found to have an alcohol level twice the legal limit, along with amphetamines and benzos in his system, according to the report.
Upon searching the Ram, LPD found a loaded Ruger .40 caliber handgun stolen from Mount Dora, six sandwich bags containing 157.8 grams of marijuana and six cell phones, according to the report.
LPD obtained a warrant for Waldo’s arrest earlier this month and had been looking for him in the Leesburg area, Iozzi said. “He was pretty transient.”
On Wednesday night, LCSO deputies and the U.S. Marshals Service (USMS) were performing surveillance and spied Waldo get into a black Dodge SUV. Waldo drove out of a neighborhood on Chain O Lakes Road and rolled a stop sign at County Road 44, according to an arrest affidavit. An LCSO deputy attempted a traffic stop and Waldo sped off, running other vehicles off the road. Multiple USMS and LCSO units attempted to stop Waldo and he struck an LCSO patrol car and crashed through a fence on Tall Oak Court, the affidavit states.
Waldo fled on foot and hid in the bushes of a home on Grand Island Oaks Circle and asked for a ride from a man returning home from work. The man denied him the ride and Waldo took off again and jumped over a fence to Laurel Crest Court. He was found lying on the ground wearing nothing but underwear, the affidavit states.
Waldo was taken into custody and transported to the Lake County Jail. He is charged with three counts of DUI manslaughter, DUI with serious injury, possession of a firearm by a convicted felon, possession of marijuana with intent to sell, possession of paraphernalia, fleeing and eluding and aggravated battery on a law enforcement officer.
He is being held in the LCJ on $148,000 bond. “I think it’s a pretty solid case,” Iozzi told LLN Thursday.
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Our Editor-in-Chief, Marilyn M. Aciego, began writing for Lake Legal News in 2010. Born and raised in Lake County, she is a graduate of Umatilla High School and Lake-Sumter State College. She started her journalism career at LSSC, where she was editor of both student publications, The Angler and The Odyssey. Her professional career began at the Daily Commercial in 2004 where she covered cops and courts the majority of her time there until she left in 2009. Currently, along with being Editor-in-Chief of Lake Legal News, she is the Florida bureau chief for an international media organization. She has made more than two dozen appearances on live national television, including Nancy Grace and the Greta Van Susteren show, along with her appearance on Evil Twins. Contact her with breaking news, tips, and feedback by sending an e-mail to 352Tips@gmail.com. You can also contact us on our Facebook page — and make sure you “Like” and “Follow us” there. [PHOTO CREDIT: Bonnie Whicher]
