© St. Petersburg Times, published June 21, 2001

Charges filed 2 1/2 years after fatal crash

By DONG-PHUONG NGUYEN

In the moments after he drove up to the scene of the fiery car crash that killed his wife and daughter, Bruce Murakami vowed he would fight for justice.

He devoted his life to that pursuit: gathering information from witnesses, talking with authorities and pleading with officials to go after the person he believed was responsible. He even hired a criminal attorney to investigate.

Wednesday, after almost three tireless years, Murakami got his wish.

The Hillsborough State Attorney's Office on Wednesday filed vehicular homicide charges against the driver involved in the 1998 crash on W Hillsborough Avenue, Justin Cabezas, now 21.

"I've been waiting for this since the day it happened," Murakami said Wednesday. "I always knew in my heart that this kid did something wrong. I always believed there had to be justice for this."

The decision comes seven months after interim State Attorney Jack Rudy's office closed the case without bringing charges, citing conflicting evidence about Cabezas' actions that day.

However, with new evidence and a new state attorney, Murakami and his crusade got a new life.

"After Mark Ober took office, Mark and a group of seasoned prosecutors reviewed the facts and evidence concerning these tragic deaths and concluded there was sufficient evidence to prosecute," state attorney's spokeswoman Pam Bondi said Wednesday.

Murakami, 52, applauded Ober's decision but also credited Rick Terrana, the criminal defense attorney Murakami hired to help in his battle, which began after the Nov. 16, 1998, crash.

The day of the accident, Murakami was pulling out of his subdivision in west Hillsborough County when he heard bangs and saw black smoke in the sky. He followed the smoke to a horrific accident scene a few blocks away.

Murakami crumpled to the ground and sobbed when he saw the charred skeleton of a Ford Aerostar minivan. His wife, Cindy, 45, and 11-year-old daughter, Chelsea, never made it out alive.

Cabezas, who was 19 at the time, was driving a rented 1999 Dodge Intrepid when he slammed into the minivan just outside a strip mall on the north side of the 10200 block of W Hillsborough Avenue. The minivan hit another car and exploded.

The Florida Highway Patrol's homicide investigative report states that Cabezas may not have been going much faster than the 55 mph speed limit, and that Cindy Murakami pulled out in front of Cabezas. Despite that, Murakami has maintained that Cabezas was at fault.

Terrana began his own investigation into the crash and last month, armed with information from experts who say Cabezas was speeding and racing, he met with prosecutors.

"I felt I had enough information to present to them, where if they were to follow the law and look at it objectively, there was no other conclusion to come to," Terrana said.

While he is happy about the development, Murakami said "I'm not having a party over this."

"I'm sorry for what this is going to put Justin through, but you know, he did something wrong," said Murakami, who now lives in St. Pete Beach. "He needs to face the punishment for it. I hope he spends a few years in jail."

If convicted, Cabezas faces up to 10 years in prison for each count, Terrana said. Cabezas did not return a phone call Wednesday. He had not been booked into jail as of late Wednesday.

To bring a case of vehicular homicide, prosecutors have to be able to show beyond a reasonable doubt that a driver's actions were reckless, not just sloppy.

And that's what Murakami has maintained all along.

Murakami, who walked away from his construction business to devote time to building his case, has never seen or spoken to Cabezas. He does not know what Cabezas looks like.

But he will get his chance when the case goes to court.

"I will be there through the entire thing," Murakami said.