She was fired after spending a day drinking in Punta Gorda.

SARASOTA — No charges will be filed against former Sarasota prosecutor Jessie Weissman who, 18 months ago, spent a day drinking at a "pub crawl" in Punta Gorda before she was involved in two crashes on her way home. None of the deputies or troopers who responded to Weissman's second crash, in which she struck a brick sign, administered any field sobriety tests, and a state trooper later gave her a ride home, raising the issue of preferential treatment.

Now, according to documents obtained by the Herald-Tribune from the Florida Department of Law Enforcement, two law enforcement officers who were at the second crash site later told FDLE investigators that they could smell alcohol on Weissman's breath, and that she seemed impaired. They also reported their observations to the Florida Highway Patrol trooper in charge of investigating the second accident — although he later told the same FDLE investigators that he could not recall their comments about Weissman's impairment.

The FDLE investigation, which focused on whether Weissman broke traffic laws and used her position as an assistant state attorney to avoid possible charges from the crash, was inconclusive.

FDLE sent its findings to Assistant State Attorney Hannah Potter, a prosecutor in Florida's 10th Judicial Circuit, but she closed the case in August — months before the FDLE completed the investigation.

An FDLE spokeswoman said the investigation was sent to Potter on Dec. 13.

Efforts to reach Weissman for comment were unsuccessful. The Tampa-based law firm where she worked after she was fired from her prosecutor job said she is no longer employed there.

Potter also could not be reached for comment.

Now that the FDLE investigation is complete, two additional investigations can start — 18 months after the fact.

FHP's Office of Inspector General will examine the actions of the state troopers, and the Florida Bar will examine Weissman's conduct.

Pub crawl

Weissman had been drinking with Sarasota County sheriff’s deputies and other law enforcement officers on July 17, 2016, at a “pub crawl” in Punta Gorda.

While the law enforcement officers arranged for rides with Uber drivers, Weissman attempted to drive herself home. While northbound on Interstate 75, the assistant state attorney was involved in two crashes.

The first, which caused minor injuries to a family who claim that Weissman rear-ended their van and then fled the scene at high speed, occurred on I-75 at about 1 a.m. The second was minutes later, after Weissman crashed into a brick sign at Fruitville and Cattlemen roads in Sarasota, disabling her car.

Weissman told state trooper Joshua Flow, a field training officer riding with a trainee, that she was being followed and attempting to get away from the van when she crashed.

Carlo Thompson, who was riding in the rented Dodge Journey van with his cousin and other family members, told the Herald-Tribune that he “demanded” that troopers ask Weissman to perform field sobriety tests at the second crash site, because “she was drunk.”

The troopers refused his request, telling him Weissman showed “no sign of impairment,” so there was no need for any alcohol testing.

While they waited for the troopers, Thompson saw Weissman get out of her car. He described her to the Herald-Tribune as appearing “drunk.”

Three troopers, who arrived minutes later, did not activate their dashboard cameras, which would have recorded their interviews with Weissman and Thompson.

Preferential treatment?

Walt Zalisko, a retired police chief and police best-practices expert who owns Fort Myers-based Global Investigative Group, said shortfalls in an otherwise normal DUI investigation amounted to nothing more than a case of "he-said, she-said."

Reports from the alleged victims and suspect accounts of what happened, and between law enforcement officers at the scene, provided significantly different stories about what occurred and what they observed, Potter said in her declination letter. She said the SAO interviewed law enforcement officers involved in the incident and subpoenaed records related to the case.

Potter stated in the letter that there were concerns over the existence of damage to the rental vehicle in the alleged victims' possession. The rental company did not notice signs of collision, and after FDLE inspected the vehicle, it appeared to have a re-positioned rear bumper.

Potter said there was insufficient evidence to prove criminal conduct beyond a reasonable doubt.

But Zalisko said it appeared that Florida state troopers handling the investigation failed to ask normal investigatory questions about a crash that a deputy witnessed.

"Since when do you have to have indicators to ask someone if they have been drinking?" Zalisko said. "It's a regular investigatory question especially when you have an accident involved. Other people at the scene smelled alcohol, why would you say that is unknown?"

FHP trainee trooper Pete Delcos and trooper Flow were assigned to investigate the crash. Neither told FDLE investigators that they saw signs Weissman was impaired or smelled alcohol.

Zalisko questioned why a trainee and field training officer were tasked to investigate a high-profile suspect and why a state prosecutor would not call the police if they felt they were in danger.

"As a state attorney, if you see a car following you, you get on the phone and tell them 'I'm an assistant state attorney, someone is coming to get me,' " Zalisko said. "We have no evidence she tried to do that."

Zalisko said the scenario made it appeared that she was trying to flee the first collision.

When asked for her paperwork, Weissman produced her state attorney credentials.

It's similar to what Zalisko remembers in his years as a sheriff. It is an implied request for an unspoken courtesy, the former chief said.

"I've had that a number of times, where you pull over a cop and right away they flash their badge," Zalikso said. "I didn't ask for that, I asked for a driver’s license.

"She definitely tried to get preferential treatment."

The state troopers did not give Weissman a field sobriety test, they did not conduct a breath test and they did not turn on a camera that would have recorded the incident and dispelled conflicts in the accounts.

"They created a situation where it was going to be a he-said, she-said incident and everybody is going to be giving conflicting testimony," Zalisko said. "They failed to ask normal investigatory questions, or if they did they didn't include it — it could give the appearance of a cover up."

As a result, there was no clear-cut proof that Weissman committed a crime even after she was involved in the two late-night crashes.

Ed Brodsky, the state attorney for Sarasota's 12th District, fired Weissman because of her drinking, and for bringing "dishonor" to his office.

“You exercised poor judgement by drinking and driving,” Brodsky wrote in the July 19 termination letter. “I am not convinced that alcohol did not contribute to your actions that evening.”

Brodsky, through his secretary, declined comment regarding the executive order to decline to prosecute Weissman. He deferred all questions to the 10th Judicial Circuit.