JACKSONVILLE, Fla. -- Charges are still pending against Michael Fortunato for the death of 57-year-old Esther Ohayon.
The Florida Highway Patrol confirms Fortunato was driving in a crash in 2009 that killed a 6-year-old girl, as well as having a history of tickets and violations on his record. These facts are raising questions as to why he was even driving to begin with.
Even FHP Sgt. Dylan Bryan was shocked to learn Fortunato was behind the wheel of not one but two deadly pedestrian accidents.
"I have never seen a coincidence of this magnitude to occur," said Bryan.
Whether you call it a tragic coincidence or an accident waiting to happen, many wonder why it happened at all.
Both deadly accidents happened in Rep. Charles McBurney's district.
"What I'm truly outraged about is why, from all the facts that I've read, why this person would still be on the road," said McBurney.
According to Bryan, while Fortunato had an expired license during the most recent crash and has a driving record that includes numerous traffic infractions, it doesn't necessarily mean his license should be revoked.
"Law-enforcement agencies issue citations based on violations of law, that's the way we enforce the traffic laws of our state. From that point, it's left up to the judicial system to impose penalties for those citations," said Bryan.
So far, Fortunato's penalties have included fines and court dates but his driving privileges remain.
If it's determined he committed a criminal offense in the crash that killed Ohayon, it's possible his license could be revoked.
Fortunato was supposed to be in traffic court on Tuesday for running a red light in April of this year, but his attorney, Gus Soto, showed up on his behalf.
According to Soto, the judge did not impose any points on Fortunato's license for that offense because he has had a clean record for the past seven years. Fortunato does, however, have to pay a $239 fine.