An Ohio boater convicted of vessel homicide in the death of a Naples swimmer more than a year ago is headed to prison. James Allen, 80, was remanded into custody Tuesday morning after the Sixth District Court of Appeals upheld his conviction. While his appeal was under review, court records indicate, Krier allowed Allen to travel to Cleveland, Ohio between June and July for eight doctor's appointments, among which was a kidney transplant. A jury on Feb.
He was exonerated of a third count accusing him of leaving the scene of a vessel accident involving injury. Allen was on a boat about p. March 5, , when he struck a swimmer and fled, according to a Florida Fish and Wildlife Conservation Commission arrest report.
The swimmer, identified as year-old Onofrio Sozio, of Naples, died from his injuries, according to the affidavit. Beach patrol at Vanderbilt Road Public Beach, in North Naples, thought they saw a swimmer in distress about 40 yards from the shore.
Responding sheriff's deputies also received a picture of Sozio in the water with the boat around him and other swimmers.
First responders took Sozio to Naples Community Hospital as a trauma patient and then airlifted him to Lee Memorial Hospital, in Fort Myers, where he died, according to the report. Allen was operating the boat with his brother when he struck Sozio near a red buoy, which identifies the edge of the swimming area. Authorities said Allen threw a personal floating device at Sozio and turned around, according to the affidavit.
