West Park man sentenced to 7 1/2 years in fatal hit-run still faces civil lawsuit

June 24--A West Park man who killed one boy and injured another in a 2014 hit-and-run incident in Dania Beach has been sentenced to 90 months in prison.

But legal troubles will continue for Zachary Benjamins, 24, and his girlfriend, Anaee Barbeito, who was with him at the time of the Dec. 8, 2014 crash that killed Apollo Brown Jr. and injured his brother, Kelv'ron Florence.

Benjamins and Barbeito, who owned the Toyota Tacoma that Benjamins was driving from the Seminole Hard Rock Hotel and Casino to his home in West Park, are defendants in a civil suit filed by Brown's parents, Selena and Apollo Brown Sr.

"No one mentions the fact that they were out drinking prior to this occurring," said the Browns' lawyer, Linnes Finney.

Alcohol did not factor into the charges brought against Benjamins two weeks after the accident. He was charged with one count of leaving the scene of a fatal accident, one count of leaving the scene of an accident with serious injury, and one count of tampering with evidence.

Prosecutors said Benjamins brought the pickup to an auto body repair shop to fix the damage caused when he struck the two brothers, but he never reported the crime.

The owner of the repair shop called investigators on Dec. 22, 2014 after learning that debris at the scene, the 100 block of South Bryan Road in Dania Beach, matched the vehicle his shop had just finished repairing. Benjamins was arrested later that night.

According to the lawsuit, Benjamins and Barbeito, who was 20 at the time, had been drinking at the Hooters restaurant at the Hard Rock complex shortly before the accident. The lawsuit alleges that Barbeito was too drunk to drive home, and Benjamins took the wheel even though he did not have a valid driver's license.

The Hooters restaurant was also named in the Brown's lawsuit.

Without reaching an agreement with prosecutors, Benjamins pleaded no contest Thursday to leaving the scene of a fatal accident and tampering with evidence. The charge of leaving the scene of an accident involving a serious injury was dropped because it would have resulted in double jeopardy -- being convicted twice for the same criminal act.

Prosecutor Patricia Abdi asked Broward Circuit Judge Elizabeth Scherer for 30 years in prison followed by 5 years of probation, while defense lawyer Ian Seitel asked for the minimum allowable under the law, which is four years.

"This is a once-in-a-lifetime horrible accident," Seitel said. "It was not an intentional act."

Benjamins apologized for the accident in court. "It pains me to think that you've gone this entire time think(ing) I'm a monster, because I'm not," he said.

Brown's sobbing mother told reporters outside the courtroom she was unhappy with a seven-and-a-half-year sentence she thought was too lenient.

"We asked this person to turn himself in," she said. "He never came forward to turn himself in."

Apollo Brown Jr. died 11 days after the hit-and-run. His brother, Florence, now 15, suffered serious injuries and only recently began walking again.

Barbeito is facing related charges of accessory after the fact, tampering with evidence and insurance fraud. Her next court date is July 14.

rolmeda@sunsentinel.com, 954-356-4457, Twitter @SSCourts and @rolmeda

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