Published on Wednesday, October 12, 2005
in the Daytona Beach News-Journal

Witnesses provide details in fatal chase

DAYTONA BEACH -- The motorcyclist rocketed past her on Interstate 4, Ellen Sellers of Oviedo testified Tuesday -- and in the time it took her to say "he's going to kill himself or someone else" she could see the police cruiser racing up behind her.

In the first day of the trial of Donald Williams, 39, of Seffner, charged with causing the death of a Florida Highway Patrol trooper on Oct. 2, 2004, the prosecution claimed Williams must have known he was being pursued by a police officer.

But Williams' defense attorneys said he had no idea the officer was following him.

Prosecutor Celeste Gagne questioned 10 people who were traveling on the interstate between Deltona and Daytona Beach.

Robert Walter Brown Jr. described a "blue speed bike" that blasted past his car headed east at what he estimated was more than 100 mph.

"He was going right between the cars," he testified.

Shortly after the bike had zipped out of sight, witnesses said, a marked special pursuit cruiser also sped past -- one witness said he could smell burning rubber -- and moments later, they saw smoke and grass flying as Haywood's 2002 Chevy Camaro cruiser lost control, struck an Audi, and slammed into a tree.

According to Gagne, a computer chip taken from the cruiser showed Haywood had reached 130 mph five seconds before the crash.

"It was the defendant's actions that caused this crash," she said in opening statements.

She described the crime scene as a "fluid" four-mile stretch of interstate, "not a bedroom" or other more typical location of a crime.

"He was close enough," Gagne said. "He had to know (Williams) was behind him."

But Tampa defense lawyer Leon Jones asked jurors to "listen to the facts," which he said will prove Williams not guilty of contributing to Haywood's death.

"He did not know he was being chased," Jones said to jurors at the start of the trial. "And he did not look back."

Jones questioned each witness under cross examination about what they saw and heard. Some testified the motorcyclist was wearing a dark, full-face helmet.

Thomas Evanchik, driver of the Audi, testified that after the motorcycle passed him, he saw the motorcyclist's face and saw him look back.

But Jones pointed out that in earlier statements to police, Evanchik wasn't able to say if the motorcyclist had been wearing a helmet.

Evanchik later said when he saw Williams' face in the newspaper the next day, the defendant "looked familiar." The pursuit started shortly after 1 p.m. when a 911 caller reported a blue Suzuki motorcycle and Porsche racing on the interstate.

Haywood tried to catch up with the bike, but before he could reach it, a rear tire on his car blew out, and he swerved and crashed. Haywood, 49, of Palm Coast was killed instantly. The speeding sports car was never found.

According to a police report, after Haywood's death, a trooper spotted a motorcycle on Interstate 95 matching the description given earlier on I-4 and tried to stop it, but the motorcyclist looked at him and fled at more than 150 mph.

Williams was arrested later at a truck stop in St. Johns County when a deputy spotted him trying to fix a flat tire on his blue Suzuki 1300.

Williams, who was charged in both St. Johns and Volusia counties, faces charges of aggravated manslaughter, vehicular homicide and fleeing or attempting to elude in connection with Haywood's death.

Williams, who appeared stoic throughout the first day of testimony in a dark suit, remains held at the Volusia County Branch Jail. The trial is expected to continue until next week.