An expert witness accuses the passenger of the golf cart of being responsible for a deadly fall in The Villages


Shelly Osterhout

An expert witness blames the fatal fall of a golf cart to the woman who lost her life during the 2017 crash at The Villages.

It is in the night of July 16, 2017 that Shelly Osterhout, 51, of Fort Myers, met Timothy Jacob Foxworth, then 36, at City Fire in Brownwood. They left together in her parents' golf cart from where she fell, victim of the mortal wound. Foxworth told the police that he had "panicked," had dragged his body into a flower bed and had gone away. She was discovered by good Samaritans who called an ambulance. She died later at Ocala Regional Medical Center.

Foxworth, a resident of North Carolina at the time of the incident, was charged with manslaughter with the author of the journalist's murder, leaving the scene of an accident. He remains free on bail.

Timothy Jacob Foxworth

Foxworth retained the services of lawyer Andrew Moses, who meticulously recounts the events that took place that tragic night.

An expert witness concluded that Osterhout's fatal injuries were not attributable to the man driving the golf cart. Originally, Foxworth had told the police that she had disintegrated when he had turned around abruptly.

"The fall of the cart did not occur because of a dynamic cart movement," said Donald Fournier Jr., of Kerr & Associates, of Lake Mary, in a statement.

He concluded that the fall occurred "for some other reason," according to the statement.

Andrew Lawrence Moses

"My conclusion is that the fall was not caused by the movement of the golf cart, but rather by some actions on the part of the passenger itself," Fournier said in his statement.

He provided a long and detailed description of the exam and measurements from the crash site and the golf cart, up to the passenger's armrest, which pivots up and down. It included a review of the autopsy and the fatal injury suffered by Osterhout.

"I will say that it is a fact that she has quarreled. In order for her to fall, she must be bent forward or standing. Her main fracture is on the back of the skull and she also has wounds on the back of her elbows, "said Fournier in his testimony.

Moses had previously called for a referral in the case, for technical reasons.

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