Activist closer to goal: After the death of her son, she fights to close a legal loophole

Mar. 15--TALLAHASSEE -- Jamie McWilliams knew little about lawmaking when she began pushing to close the legal loophole that allowed the teenager who ran over her son in 2002 to escape a criminal charge.

What she had was the driving force of a mother consumed by grief. Lobbying, the Ocoee woman figured, she could learn.

"When I came in, I was a complete layman," McWilliams said.

But that was before she testified a half-dozen times during last year's session, before her dozens of trips to Tallahassee and countless phone calls and letters to lawmakers. This year, she's a pro.

State Sen. Carey Baker, R-Eustis, who is sponsoring her bill in the Senate, said, "There are a few advocates like her, but I don't think any of them have taken the time to learn the process or work as hard as her." State Rep. Dennis Ross, R-Lakeland, McWilliams' closest ally in the House, calls her the "Erin Brockovich of the legislative arena."

Today, the bill named in memory of her son Justin is scheduled to receive its first vote on the House floor.

McWilliams has learned to focus her passion into short, emotional presentations to lawmakers. Dressed professionally, she does not cry or rage, though tears are never far away as the fourth anniversary of her son's death approaches.

"If I were to be a frenzied, crying mother with them, it would get me nowhere," McWilliams said. "I would have no credibility with them."

McWilliams, 45, begins her pitch with a variation of, "I got the phone call that is every parent's worst nightmare." She drives her case home with the refrain, "When you hit someone with your vehicle, you should stop. It's the right thing to do."

Justin McWilliams was 20 when he and a group of friends crashed a party at the campsite of Justin Allen, 18, and his friends on property Allen's parents owned. Witnesses said both groups had been drinking.

After a confrontation, one of Allen's friends drove McWilliams to the edge of the property; Allen followed in his pickup. Witnesses disagreed about what happened next. Allen's friends said McWilliams charged Allen's truck. McWilliams' friends said that after a brief stare-down, Allen roared toward McWilliams.

In any event, McWilliams was struck and killed by the truck, and Allen drove off, ignoring a 911 operator's plea for him to remain at the scene. Allen said he feared for his life, though he returned about 20 minutes later.

Prosecutors charged him with fleeing the scene of a fatal accident, but a judge dismissed the case, saying he had no jurisdiction because the incident occurred on private property.

That loophole has consumed Jamie McWilliams ever since.

Besides the Web site she founded, she sends out e-mail updates and hands out "Justice for Justin" business cards bearing a mission statement -- close the loophole and educate children and parents about the effects that choices such as drinking can have. The Justice for Justin Act (SB 276/HB 155) would extend to private property a Florida law that requires a driver involved in an accident with injuries to remain at the scene of the crash. It also would increase the charge of fleeing a fatal accident to a first-degree felony.

The bill has won unanimous approval from all four House committees that reviewed it. If it is approved by the House today, it will have its final reading Thursday. One committee remains in the Senate.

As for Ross' comparison to the more famous citizen activist, McWilliams said, "I didn't mind what anyone called me as long as my bill got passed."

Christopher Sherman can be reached at csherman@orlandosentinel.com or 850-222-5564.

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