The family of 62-year-old Joe Starkey says it is gearing up for a wrongful-death lawsuit after the State Attorney ruled his December killing in Jacksonville’s Sandalwood neighborhood was justified. Starkey, described by loved ones as a devoted father and musician, was shot and killed in what police called a road-rage confrontation. Relatives maintain he was unarmed, and their attorney, John Phillips, says a civil case is now their only path to answers they believe criminal authorities have not given them.
Phillips plans to file the wrongful-death suit in the wake of the State Attorney’s decision that the shooting was "justified," according to News4JAX. "We disagree with their findings," he told the station, which reported that Starkey’s relatives hired him specifically to push for more transparency from both the State Attorney’s Office and the Jacksonville Sheriff’s Office (JSO).
What happened
JSO says officers were called just before 9 p.m. on Dec. 10 to a reported shooting on St. Johns Bluff Road South. When they arrived, they found Starkey lying in the roadway with at least one gunshot wound. Investigators say the alleged shooter later turned himself in, has cooperated with detectives, and that witnesses have been interviewed while the investigation remains open.
Friends and fellow musicians have been holding memorials in Starkey’s honor, as reported by Action News Jax. Those gatherings have doubled as quiet protests, with supporters demanding to know why no criminal charges have been filed.
Family presses for answers
Publicly, the family has repeatedly questioned why the shooter has not been charged and why, months later, they still lack basic information about him. Phillips first pressed the State Attorney’s Office and Sheriff T.K. Waters back in December, urging that the driver be charged with reckless driving and attempted battery with a motor vehicle, according to Jacksonville Today.
Relatives insist Starkey was unarmed when he was killed. They are pushing for release of the investigative file so they can see the evidence prosecutors relied on before deciding the shooting was justified.
Legal outlook
Under Florida’s wrongful-death statute, a civil claim can be brought when a death is caused by another person’s wrongful act or negligence, according to the Florida Senate. In civil court, the standard of proof is lower, relying on a preponderance of the evidence, while criminal prosecutions require proof beyond a reasonable doubt, per Cornell Law School’s Legal Information Institute. That difference means a jury could still find a defendant liable in a wrongful-death case even when prosecutors decline to file criminal charges.
Phillips has not given a specific filing date for the lawsuit but told News4JAX that his office is actively preparing the case while JSO’s investigation continues. Starkey’s son, Damien, called his father "my foundation and my biggest fan" in a post quoted by the station as friends gathered for memorial shows. When the family’s suit lands in court, it is expected to test how the State Attorney’s justification decision and the underlying evidence hold up under civil scrutiny.
