PANAMA CITY — A Panama City Beach man has been sentenced to 20 years and nine months in prison after being found guilty of DUI manslaughter and four other felonies resulting from a fatal hit-and-run wreck last year.
Judge Brantley Clark announced Joseph Acoff’s sentence in court Friday, which was the minimum penalty he could receive. The convictions’ maximum penalty was 30 years in prison.
The defendant used his allowed time prior to sentencing to express remorse for the July 22 crash, which killed 23-year-old Phillip Drozd from the Czech Republic.
“I wanted to say I apologize to the family members,” Acoff said before a hushed courtroom.
Acoff also repeatedly stressed he had no criminal record and this was his first brush with the law, and he mentioned the years he served in the military. Acoff became a military contractor after he was discharged.
“I never got into any trouble or anything in my entire life,” he said.
No one from Drozd’s family spoke, but his father, Pavel Drozd Sr., and several others attended the hearing. The father approached the bench prior to sentencing while letters from the victim’s mother and brother were read.
“I am not able to describe my feelings as a mother. Maybe I can say that my heart is broken and I feel emptiness. I have a feeling that I do not live anymore,” Drozd’s mother, Vera Janeckova, also from the Czech Republic, wrote. She did not attend the sentencing hearing.
Janeckova said her son was a “good boy” and “brought joy and vitality to our lives.” She said her life is empty without him, but she believes justice prevailed.
The brother, Pavel Drozd Jr., said the incident was like a dream and described how much he missed Phillip. He also said he appreciated the court’s efforts to give the family justice.
“I can live with a clear conscience (knowing) that his murderer is not free,” he wrote.
Phillip Drozd’s father lives in Panama City Beach and his son had come from Europe to visit him.
The hit-and-run crash happened when Acoff rear-ended Phillip Drozd, who was driving an Isuzu Rodeo. Phillip Drozd was thrown from his SUV and later taken to the hospital, where he was pronounced dead. In an interview, Assistant State Attorney Bob Sombathy said the Rodeo flipped after it was rear-ended. He said the other two people in the car suffered serious injuries, including a broken neck, collapsed lung and broken ribs.
Acoff “was too drunk to know what he was doing and just rear-ended a car and caused it to lose control and then he left,” Sombathy said.
Sombathy said Acoff drove away from the scene on the wrong side of the road and parked at a Beef ’O’ Brady’s. From there, he called a taxi, which took him to his apartment complex. Authorities found him sleeping in a stairwell at the complex four hours after the crash. They took a blood sample, which showed 0.17 blood-alcohol content.
Sombathy was satisfied with the conviction and sentencing and said he was pleased the family got justice. And he sympathized with their loss.
“Obviously nothing’s going to take away the nightmare of losing their son, especially with these facts, with the father basically looking around for his son after the accident, not being able to find him. He was ejected 50 feet from the wreck,” he said.
Acoff must serve a mandatory minimum of four years in prison. After that he must serve 85 percent of the remainder of his sentence (16 years and nine months). That means he will serve more than 18 years in prison. He also was given nine years on probation.
Acoff’s license will be suspended for the rest of his life and he must pay fines and costs totaling $1,250.
The judge chose not to rule on restitution, resulting from Phillip Drozd’smedical expenses, allowing the defendant and the family to work that out.
Earlier this month, Acoff was found guilty of DUI manslaughter, leaving the scene of a crash involving death, vehicular homicide and two counts of DUI causing serious bodily injury because Phillip Drozd’s father and another passenger also were hurt.
Acoff’s private lawyer, Devin Collier, said he will file an appeal, but that’s standard for all criminal convictions in jury trials.
“There’s not a specific ruling that we’re challenging, but we will file a notice of appeal just to protect his rights,” he said.