FDLE testing blood of man accused of causing fatal Clay County deputy crash

Deputy Ben Zirbel spent several days in critical condition here before he passed away Tuesday night.

Now a "Donate Life" flag is flying in honor of his organ donation.

Meanwhile, the man accused of causing the crash, Stephen Schioppa, is receiving death threats and being investigated by state troopers.

Sheriff Darryl Daniels rebuked the threats at today's press conference.

"Ben would not have wanted that," said Sheriff Daniels. "No one in law enforcement needs somebody to come to the rescue in a profession that we know is inherently dangerous. So there’s no eye for eye."

Action News Jax spoke to Schioppa's wife for the second time since Sunday.

She answered the door tearfully, saying “(We're) praying for the family… His wife… And his son… I can’t imagine… I’m sorry… I can’t… I can’t,” she said.

The Florida Highway Patrol tells Action News Jax a Florida Department of Law Enforcement lab is testing Schioppa’s blood sample.

The results could be the difference between a criminal and civil matter. The sheriff questioned how this could happen.

“I don't want to make any assumptions, you know," said Sheriff Daniels. "The crash happened,  that's a fact. My deputy was driving in a straight line, that's a fact. And somebody drove into his path. A prudent person would not just drive into another person's path unless they were preoccupied doing something else, or they just felt like, ‘Hey, I can make it.’”

While it’s unclear if distracted driving was a factor in the crash, the sheriff called lawmakers to take action.

"If it's the last thing I do," said Sheriff Daniels. "I will ensure that the Clay County Sheriff's Office is represented at the table with the legislators to ensure that distracted driving and texting while driving is made a primary offense in this state."

FHP said these investigations usually take about 90 days, but it could go longer due to certain circumstances, including the toxicology test. As soon as we get those results we’ll be sure to bring them to you.

Cox Media Group