© Tampa Tribune, published September 28, 2000

Husband wants justice for fatal accident

KATHY STEELE - OF THE TAMPA TRIBUNE

TOWN 'N COUNTRY - Bruce Murakami says it's time for the state to conclude the investigation into the wreck that killed his wife and daughter.

Nearly two years after his wife and daughter died in a fiery car wreck on West Hillsborough Avenue, Bruce Murakami still is waiting for the state to close its investigation into the accident.

He believes criminal charges should be filed against the driver of a car that struck his wife's van as it turned left out of Colony Crossings Plaza.

Highway patrol officials who initially investigated the crash said Justin Cabezas, 21, was speeding. But the first traffic report also said Cindy Murakami, 45, drove into the path of Cabezas's 1999 Intrepid.

Murakami's wife and daughter, Chelsea, 11, died at the scene Nov. 16, 1998.

"I want my wife's name cleared," Murakami said.

He believes the delay has been the highway's patrol inability to give the state attorney's office information it needs, he said.

"There's been no final report from the highway patrol."

Highway patrol officials say the case has been turned over to the state attorney's office.

"We've closed on the case," said Lt. Sterling King, highway patrol spokesman. However, he couldn't say what the recommendation was regarding any possible charges against Cabezas.

A frustrated Murakami hired an engineering firm to reconstruct the accident. The report from Rimbey, Howell and Rimbey Inc. is part of a lawsuit Murakami brought against Dollar Rent A Car. The company leased the 1999 Intrepid involved in the accident to Cabezas' parents.

But Murakami also hopes the lawsuit will spur action that will give his family justice.

Contacted last week, assistant state attorney Sharon Follrath said, "I can't comment on a pending investigation."

The report challenges some of the early assumptions made by investigating officers, Murakami said, notably the speed of Cabezas' car.

The highway patrol estimated the Intrepid was going no more than 65 mph, 10 miles over the then-55 mph speed limit. Eyewitnesses have said the Intrepid appeared to be moving much faster. There also were reports the Intrepid and a white Mustang were drag racing.

The state's Department of Transportation has since lowered the speed limit along that section of Hillsborough to 50 mph.

In the report commissioned by Murakami, Brad Rimbey puts the Intrepid's speed at 78 to 86 mph, and says there is no evidence Cabezas hit the brakes. The report also concludes Cabezas' sudden lane switch sealed the fate of Murakami's family.

"The Intrepid would have missed the Aerostar if it had not changed lanes prior to impact," Rimbey states. The van also would have safely navigated the left-hand turn across the three westbound lanes had Cabezas' car been traveling the lawful 55 mph, Rimbey believes.

All of which is proof to Murakami that his wife wasn't at fault.

He and his attorney, Bill Winters, want the state to review Rimbey's report and conclude the investigation. Possible criminal charges that might be considered are vehicular homicide or manslaughter, Winters said.

"I'm fed up with this and it's gone on long enough," Murakami said.