After a recent denial, a Cape Coral man accused of DUI manslaughter on Matlacha was appointed a new attorney after appearing in court on Tuesday.
Cody Curtis, 24, is facing multiple charges after being accused of crashing into "That BBQ Place" on Matlacha , killing an 80-year-old woman, Marylou Sharp, on April 13.
According to reports, seven months ago, Curtis was driving a 1992 Nissan when he veered off the road and crashed into a group of people sitting in the restaurant's outdoor dining area.
Reports revealed Curtis' blood alcohol content was .137%. The legal blood alcohol content limit in Florida is 0.08%.
Three people were injured and hospitalized with serious injuries, and one person was treated for minor injuries, per reports.
NBC2 was in the courtroom in May where it was learned that Curtis is being represented by a public defender. Curtis pleaded not guilty .
On Monday, Nov. 25, Curtis made another appearance in the Lee County Courthouse — this time, requesting a new attorney after claiming his current defender said, "all DUI manslaughter cases deserve to rot in prison."
Curtis wrote a letter to Robert Branning, the judge representing the case. In the letter, Curtis claimed his attorney is not working in his best interest.
Curtis also claims he and his attorney rarely meet. According to Curtis, the last time they met was on Nov. 4, when they discussed offers.
The letter states, "As I was showing him the current offer, I then heard him utter under his breath that all DUI manslaughter cases deserve to rot in prison." Curtis' attorney denies making the statement.
The judge originally denied Curtis' request to switch counsel because his statement was "not credible."
The Office of Regional Counsel determined that the interests of Curtis are "so adverse and hostile to those of another client and/or attorney within the Office of Regional Counsel that a conflict of interest exists."
According to court documents filed on Nov. 26, "James Ermacora is appointed as attorney for Cody James Curtis."
The filing came just a day after Curtis' request for a new attorney was originally denied.
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