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Health & Fitness

Another Patch Exclusive- what constitutes negligence?

You might enjoy reading this- you can go to the Sheriff’s office website and look up news releases (http://www.hcso.tampa.fl.us/SpecialPages/Search.aspx?searchtext=11-043&searchmode=anyword). You can search by anyword or even the release number. The Sherriff’s office puts out News releases on all manner of topics- traffic incidents, crimes, public awareness, etc.

For example Release Number 11-043 is titled ‘School Aide Charged with Child Neglect’ and says that on December 15, 2011 a special needs student was left on a bus at Valrico Elementary. The actions of the defendant were negligent in leaving the victim on the bus and for not assuring the victim were taken off the bus at her scheduled stop.

The ‘News Release’ says “Deputies investigated the incident and after consulting with the State Attorney's Office a warrant was issued for School Aide. The child was not injured, but was taken to a local hospital to (be) medically cleared.”

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You can also see that on January 26, 2012 the Sheriff’s office posted a news release about a driver who suffered fatal injuries (Release Number 12-027). But oddly enough the Sheriff’s office, who also responded to the Herrera incident on January 25, 2012, did not issue any “News Release” for Bella Herrera who died on January 26, 2012 as the result of not receiving prompt medical attention on a school bus due to the school aide and bus driver failure to simply call 911 or even seek assistance at the Pediatric clinic that they were parked in front of.

Apparently, the Sheriff’s office did not feel that a child dying as the result of a school bus ride warranted a press release so that the public would know about it. And apparently the state attorney considers an uninjured child left on a bus to be negligence, but does not consider the death of a child left unattended resulting from a failure to seek prompt medical attention to be negligent.

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Perhaps the Sheriff’s office and the State Attorney were being negligent? You might want to write the Sheriff’s Office and ask why they never posted a news release about this at piooffice@hcso.tampa.fl.us. When you do, you might want to copy and/or write the State Attorney (ober_m@sao13th.com) and ask why the Herrera tragedy is not negligence.

Wait, there’s one more ‘news release you’ll want to look up, News release number 12-024 the “Battle of the Belts Award Ceremony”. Note the time and date- it says on January 26, 2012 at 9:30 a.m. the Battle of the Belts Awards Ceremony was held at Blake High School.  Colonel Greg Brown Hillsborough County Sheriff's Office and Superintendent Mary Ellen Elia Hillsborough County Schools will be on hand. 

The Battle of the Belts initiative consists of Hillsborough County Sheriff’s Office working with Hillsborough County Schools to increase safety belt use and awareness by teenage drivers and passengers.

So on the morning of January 26, 2012 School Superintendent Mary Ellen Elia was with Colonel Greg Brown of the Sheriff’s Office at the Battle of the Belts at Blake High School. I imagine that they had a lot to talk about since Isabella Herrera had been taken to the hospital the day before and then was pronounced dead at 10:06 a.m., on January 26, 2012. I wonder if there were any school board members at this event. Of course, if there were they might not recall if they heard about it here.

There is a video of this ‘Battle of the Belts’ awards ceremony on youtube at http://www.youtube.com/watch?v=hVN_tzwv064 and if you advance it to 57 minutes near the end you will see Colonel Greg Brown Hillsborough County Sheriff's Office returning from off stage and announce: “As you saw, I just walked off and I wanted to check on something.” He then proceeds to tell how another individual that was not wearing a seat belt died during the course of the ceremony (that should be news release12-027 mentioned above). However, he stated that he walked off because he “wanted to check on something.” Clearly he was getting prompt updates on incidents.

Remember the ceremony began about 9:30 and lasted about an hour. Isabella Herrera was pronounced dead at 10:06 am about 30 minutes before the ceremony ended.

Truth really is stranger than fiction.   

Don’t forget to write the Sheriff and the State Attorney. The next school Board meeting is July 16, 2013 at 9am. I hope you have something to say about this. Please govern yourselves accordingly. 

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