A St. Petersburg woman was arrested after police say she backed her car into her husband, pinning him between two vehicles in a driveway on 12th Street South. Francesca Toby now faces a charge of aggravated battery with a deadly weapon, a second-degree felony under Florida law, following the confrontation with the man she is reportedly divorcing.
According to Tampa Bay 28, the St. Petersburg Police Department says the victim, Toby's husband who is seeking a divorce from her, had gone to help a neighbor change a flat tire when an argument broke out at the home on 12th Street South. Police say a neighbor's surveillance camera captured Toby driving out of the driveway and intentionally backing her vehicle into the victim, pinning him between her car and another vehicle parked in the driveway. Officers said the man suffered injuries that left him with a severe limp on his left side.
Why a Car Becomes a Deadly Weapon Under Florida Law
Florida statute treats simple battery as aggravated battery with a deadly weapon when the instrument used is capable of causing death or great bodily harm, carrying a maximum sentence of up to 15 years in state prison, up to 15 years of probation and a $10,000 fine, according to Hanlon Law. That standard applies regardless of whether the object was designed as a weapon in the first place. Florida case law interpreting the same statute recognizes motor vehicles as deadly weapons when driven in a manner likely to produce death or serious bodily injury, per the Law Office of John Guidry.
The Pinellas County Criminal Punishment Code classifies aggravated battery as a Level 7 offense, which sets a lowest permissible state prison sentence of 21 months for a defendant with no prior record, absent a judicial downward departure, according to Richard Hornsby Law. In Toby's case, police said a neighbor's surveillance camera captured the incident.
No Bond Status and What Comes Next
Toby was booked into the Pinellas County Jail without bond. The Pinellas County Jail complex is at 14400 49th Street North in Clearwater.
If convicted of a domestic violence offense, Florida law requires a minimum of one year of probation along with completion of a 26-week Batterers' Intervention Program at the defendant's own expense, according to the Sammis Law Firm. Domestic-violence cases may also involve no-contact orders or injunction violations.
A Countywide Pattern
Pinellas County ranks fifth out of Florida's 67 counties for reported domestic violence incidents, according to the Pinellas County Family Justice Center. The Pinellas County Family Justice Center puts the annual cost of domestic violence in Pinellas County at roughly $132 million.
It remains unclear whether a civil protective injunction has been filed in Pinellas County Circuit Court in connection with the case, or what the husband's current physical recovery status is beyond the severe limp police described. Toby's next court appearance and any bond modification requests have not yet been reported.
