A pair of forensic engineering experts will be called to defend a man charged with leaving a woman to die after she fell from a golf cart in The Villages.
Shelly Osterhout, 51, of Fort Myers, on the night of July 16, 2017 met then-36-year-old Timothy Jacob Foxworth at City Fire at Brownwood. The pair later climbed into Foxworth’s parents’ golf cart, from which Osterhout fell and later died. Foxworth, a resident of North Carolina who was visiting his parents in The Villages at the time of the incident, has been charged with DUI manslaughter leaving the scene of a crash. He remains free on bond.
A newly released court document indicates that Foxworth’s attorney plans to call Chip O’Toole and Don Fournier of Forensic Engineering Technologies of Lake Mary.
O’Toole is said to be skilled in scene investigation, evidence collection, preservation from vehicles and sites, computer photogrammetry, and forensic mapping of vehicles and crash sites. He has investigated and assisted in the reconstruction of complex crashes involving multiple vehicles, heavy trucks, pedestrians, bicycles, and motorcycles.
Fournier’s work experience includes mechanical engineering positions in industry, academia, and consulting firms. He has served as a consultant in traffic accident investigation and reconstruction, and premises liability claims.
Foxworth’s attorney, Andrew Moses, already is seeking the dismissal of the case. His argument is based on the notion there was no “crash” as Osterhout fell from the golf cart. He is basing his argument on a ruling by the Florida Supreme Court.
A status conference in Foxworth’s case is set for Oct. 15 in Sumter County Court.