No criminal charges to be filed against Toole

CHIPLEY – Chipley Police Chief Kevin Crews has announced that no criminal charges will be filed against the driver of a pickup truck that struck and killed a Chipley High School student on Sept. 4. The information was received in a news release Tuesday afternoon from Chipley Police Department.

Crews said that the investigation into the death of Lashawn Henderson on 7^th Street was completed.

"It was determined that at approximately 9:10 p.m., Samuel Taylor Toole was driving north bound in the north bound lane of 7^th Street,” Crews said in the release. 

“The investigation revealed that the pedestrian, Lashawn Henderson, was walking north in the north bound lane of 7^th Street, contrary to Florida Statutes regarding pedestrian travel.

“Toole continued north bound not seeing Henderson in the roadway. Toole’s vehicle struck Henderson in the north bound lane of 7^th Street. Toole immediately applied his brakes and steered to the left. Henderson was air lifted by medical personnel, but later died as the result of the crash. 

“The investigation showed that Toole was traveling 39 mph in a 30 mph zone. Toole has been issued a citation for excessive speed with a mandatory court appearance. 

“It should be noted that the investigation concluded that although Toole was traveling over the posted speed limit, his speed of 39 mph did not contribute to the crash.  Based on the lighting, direction of travel, and clothing the pedestrian was wearing, Toole would not have been able to avoid the crash, had he been driving the posted speed limit of 30 mph. 

“The Florida Highway Patrol has assisted the Chipley Police Department throughout this investigation and subsequent to this investigation being reviewed by the Office of the State Attorney Fourteenth Judicial Circuit, it is determined by all agencies, that there will be no criminal charges filed in this matter.”

Originally CPD reported that Florida Highway Patrol investigated the accident at the request of Chipley Police Department and reported that Toole, 20, of Bonifay was driving north on 7th Street in Chipley when his 1994 Ford truck struck Henderson, 17, as she was walking on the road. Henderson was struck by the hood and landed on the east shoulder of the road.

FHP reported that Toole steered sharply left trying to avoid Henderson and applied his brakes, causing the truck to skid 73 feet.

Henderson was taken to Northwest Florida Community Hospital, but died on the way to Tallahassee Memorial Hospital on AirHeart.

Chipley Police Department also charged Victor Keith with robbery of the driver of the pickup and his passenger. Keith was walking on the other side of the street along with Henderson at the time of the accident.

Keith, of 722 Peach Street in Chipley was later charged with violation of county probation in addition to two charges of robbery. Keith was arrested for battery domestic violence on July 12 and pleaded nolo contendere the next day and was sentenced to 12 months of probation, fines, costs and ordered to attend an anger management class.

In addition to the two robbery charges, Keith was charged with probation violation on the battery case for failure to pay all fines, public defender fees and cost of supervision, as well as failure to complete the anger management course.

Keith was charged with robbery for allegedly taking money from Toole and his passenger after Toole’s pickup truck struck Henderson on 7th Street in Chipley on Sept. 4. Keith maintained his innocence and said he took the money as a donation for Henderson’s medical expenses.

A memorial service was held for Henderson by the Chipley High School Junior Reserve Officer Training Corps at Chipley High School Henderson was a member of the JROTC. A memorial march was also held in Henderson’s honor on 7^th Street sponsored by the NAACP.

The following is the news release from the Chipley Police Department:

The Chipley Police Department has completed the investigation regarding the traffic crash that occurred on 7^th Street where a pedestrian was killed.  Through the investigation, it was determined that on September 04 at approximately 9:10pm, Samuel Taylor Toole was driving north bound in the north bound lane of 7^th Street.  The investigation revealed that the pedestrian, Lashawn Henderson, was walking north bound in the north bound lane of 7^th Street, contrary to Florida Statutes regarding pedestrian travel. 

Mr. Toole continued north bound not seeing Miss Henderson in the roadway.  Mr. Toole’s vehicle struck Miss Henderson in the north bound lane of 7^th Street.  Mr. Toole immediately applied his brakes and steered to the left.  Miss Henderson was air lifted by medical personnel, but later died as the result of the crash.  The investigation showed that Mr. Toole was traveling 39 mph in a 30 mph zone. 

Mr. Toole has been issued a citation for excessive speed with a mandatory court appearance.  It should be noted that the investigation concluded that although Mr. Toole was traveling over the posted speed limit, his speed of 39 mph did not contribute to the crash. 

Based on the lighting, direction of travel, and clothing the pedestrian was wearing, Mr. Toole would not have been able to avoid the crash, had he been driving the posted speed limit of 30 mph. 

The Florida Highway Patrol has assisted the Chipley Police Department throughout this investigation and subsequent to this investigation being reviewed by the Office of the State Attorney Fourteenth Judicial Circuit, it is determined by all agencies, that there will be no criminal charges filed in this matter.

Kevin Crews

Chief of Police