Issue link: https://newsleader.uberflip.com/i/102968
Sarasota News Leader January 11, 2013 "At the time of the detention and/or questioning of [driver] Blake C. Talman" — who was a 22-year-old Bradenton resident at the time — the deputies "instructed Mr. Talman that he must leave [the beach] or he would be arrested," the complaint continues. "By instructing Mr. Talman to leave while [he was] clearly intoxicated and with his car keys in his hand," it says, deputies "knew, or through the exercise of reasonable care, should have known that Mr. Talman would proceed to his car in the nearby parking lot and drive away from the beach." The complaint adds, "In fact, after being instructed to leave the beach or be arrested, Mr. Talman walked to the parking lot, got into his car and drove away from the beach traveling on Midnight Pass Road." The complaint points out Donna Chen had two surviving minor children who "suffered lost parental companionship, instruction and guidance and mental pain and suffering from the date of injury," while Wellington Chen "has suffered loss of the decedent's companionship and protection and mental pain and suffering," and he incurred medical and funeral expenses. The attorney representing the family is Damian B. Mallard of the Mallard Law Firm in Sarasota. Page 52 As required by law, Mallard filed notice on April 25, 2012 of his intent to bring suit against the Sheriff's Office. State law says a sheriff or sheriff's office must have six months' notice prior to being sued. The Sheriff's Office issued a statement after the complaint was filed on Dec. 27, saying, "It is Sarasota County Sheriff's Office policy not to comment on pending litigation." SHERIFF'S OFFICE REPORTS In response to questions from this reporter in January 2012, Wendy Rose, community affairs manager for the Sheriff's Office, reported that on Jan. 7, 2012, deputies had conversations on three separate occasions with Talman and his companion, David J. Brewer, who was 24. Brewer was a passenger in the vehicle at the time it struck Chen, according to the Florida Highway Patrol report. Blake Talman was treated at Sarasota Memorial Hospital after his arrest on Jan. 7, 2012. Photo courtesy Sarasota County Sheriff's Office Deputies first encountered the two men with a third person, Michael E. Blakey of North Port, then 26, Rose said. When deputies ran checks for outstanding warrants on all three men after the first encounter, she added, the checks did not turn up anything. Sheriff's Office research into Talman's criminal history after Chen's death showed he had a record of six felony and 23 misdemeanor charges, while