A Cape Coral woman was arrested after accidentally hitting a tree with her car in a Cape Coral T.J. Maxx parking lot and leaving the scene. Now, the State Attorney's Office has dropped the charges and she is speaking out.
Yanelly Guzman says she was pulling into a parking spot before her Christmas Eve shift at T.J. Maxx, when she felt a bump.
"I feel some pressure in my car on top of my roof, so I back up, and then, I decide to park in another spot," Guzman said.
That's when she realized she hit a low-hanging tree branch hovering over the parking spot.
Guzman said she spoke to her manager about it, who didn't know what to do. People she talked to advised she should contact the Cape Coral Police Department.
"The district manager told him for me to make a report, an accident report, so they could pay, so I could file for a claim, so they could pay my damage. That's what I did," Guzman said.
Days later, Guzman called CCPD to report the incident. However, when police arrived at T.J. Maxx on Jan. an officer arrested her, charging her with a hit-and-run crash.
"He told me, you know, that you are supposed to leave your name hanging in the tree with a car registration number and your phone number," Guzman said. "Like, how am I going to do that?"
According to the arrest report, the bottom portion of the branch had bark missing and there was a dent on the roof of the car.
Guzman said the officer handcuffed her and drove her to the Lee County jail, where she got a mugshot taken. She had to pay $150 to bail out of jail.
"I would just cry and cry because I'm a person that never got in trouble," Guzman said. "I moved down here from in 2000. I've only had one split ticket in my entire life living here. I'm a good student and all that. So, why did this happen?"
Since then, Guzman hired a lawyer to help expunge the charges. She said the State Attorney's Office dropped the charges, but she still has to pay close to $4,300 in legal fees and car reparations.
Gulf Coast News reached out to CCPD about the arrest.
"The Florida State Statute clearly states out the requirements for hit and run. For every call, we assess if there is a crime involved. In this case, the facts clearly match up with the criteria for a hit-and-run, a misdemeanor crime. While officers may have discretion in a case, so does the State Attorney’s Office. Officers make arrests based on probable cause. The SAO can determine after the arrest if the charges are worth pursuing in a court room setting. Law enforcement exists to ensure where there is crime, there is a level of accountability."
In Florida, if you strike a tree on private property with your car and leave the scene, you could face up to six months in jail and/or a $1,000 fine plus restitution for any damage caused. You may also receive two points against your license.
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