TAMPA, Fla. — Exactly five years ago marks the day a deputy struck and killed a teenager from Tampa, sparking protests and demonstrations.
A vigil was held for Josiah Pinner near the site of the crash on North Florida Avenue.
Pinner was 15 years old when he crossed the street with a friend and was struck by a Hillsborough County deputy. A $200,000 settlement was reached in 2021, but Pinner's mother said no amount of money can mend the grief. She said she wishes Deputy Philip Montesi had been fired and charged immediately.
"I still hurt every day," Joanne Rojas, Pinner's mother, said.
Candles, pictures and signs calling for justice for Josiah were present at the vigil. A balloon release also took place with loved ones tearfully consoling each other. Some family members attempted or briefly spoke at the vigil, but the pain from the grief proved to be too overwhelming to complete.
Rojas said her only son was the protector of the family, especially his three younger sisters.
"He was only 15 but he would do whatever he can to protect me and his sisters," Rojas said. "He was a blessing."
His death happened while the sheriff's office was conducting an unrelated mobile surveillance operation. Investigators said Deputy Montesi was driving quickly, trying to regroup with the rest of the surveillance team, when he hit Pinner after sunset on the dimly lit street.
A report found he drove 21 miles an hour over the speed limit.
Pinner had been walking a bicycle across the street, outside the crosswalk, authorities said. Montesi reportedly changed lanes to avoid him, but it was already too late. Pinner died at the scene.
An internal investigation found Montesi violated standard operating procedure by speeding while not being involved in an emergency response. He received a five-day suspension without pay and was ordered to attend an advanced driving course.
After the crash, former State Attorney Andrew Warren described Pinner's death as a "terrible tragedy." But he found "insufficient evidence" to pursue a homicide charge against Montesi.
"Although the evidence establishes that Deputy Montesi was driving above the speed limit at the time of the accident, Florida law holds that speed alone is insufficient to establish vehicular homicide," Warren wrote in a letter to Sheriff Chad Chronister.
Because Deputy Montesi was on duty at the time of the crash, he could not be sued as an individual. So, the Pinner family sued the sheriff's office for negligence.
Rojas said while every day has been a struggle, she is grateful for the support of others.
"Josiah deserves to be here today," Deanna Joseph said at the vigil.
In 2022, a federal jury found the Hillsborough County Sheriff's Office 90% responsible for the death of Joseph's son, Andrew Joseph III, who was ejected from the Florida State Fair in 2014.
Rojas said a light was added, along with another crosswalk nearby, but she wishes something more could be done to make the same road her son crossed safer.
Rojas also said since her son's death, other family members have named their children after Josiah in honor of his life.
"Every day we wake up, it's to fight for Josiah," Rojas said.