The case of a Land O’ Lakes man whose wife died after an altercation in the waters off the northern tip of Anna Maria may not be proceeding as originally charged in the 12th Judicial Circuit Court.
Before Pamela Doster’s July 16 death, the Manatee County Sheriff’s Office filed one charge of “touch or strike” domestic battery against her husband, Michael Doster, 50.
However, because her death leaves the MCSO and the prosecution without a known witness to the crime, they are now determining how best to proceed.
Assistant state attorney and felony division chief Brian Iten said he is reviewing the charge and aims to make a “final decision” on or before a scheduled Oct. 13 docket sounding. The Oct. 27 trial date may be continued on that date or by stipulation of the parties, he added.
“It is still an open investigation, and the police continue to investigate in connection with my office,” he said, adding he can drop, increase or reduce charges.
MCSO Detective John Kenney said no one has come forward since July despite his pleas— in the media and through distribution of posters — to speak to anyone who may have seen the incident.
Michael Doster’s attorney, Joe Campoli, said the lack of witnesses may be due to the diminishing light at the time of the incident.
Without a witness, he questioned whether there is sufficient evidence to prosecute his client on the battery of touching or striking against the victim’s will. Campoli said prosecutors may file another charge, such as manslaughter, request a grand jury or dismiss the case without prejudice.
Campoli said Michael Doster, who pleaded not guilty to the domestic charge in July, is potentially facing a very serious charge. He said he hopes “something breaks” soon and the case takes a direction.
“To be arrested and have a wife who has died, and be on pins and needles, waiting — all that’s happened. It’s a pretty big tragedy,” Campoli said.
With the exchange of documents between the parties yet to begin, Doster’s defense is not yet privy to the state’s investigation and the autopsy.
“The most important thing in this case is the autopsy,” he said. The autopsy and forensic reports will be pivotal in determining how the injuries were inflicted, he added.
The MCSO reported Pamela Doster suffered a head injury and appeared bruised and swollen on her left side before she was transported to Blake Medical Center in Bradenton. She was treated and dismissed after the incident and readmitted three days later, before she died.
The Dosters began fighting at Passage Key July 13 after Pamela Doster saw her husband and another man “giving each other a blow job,” according to the MCSO report.
In the struggle that ensued, the report said Pamela Doster attempted to climb aboard the watercraft four times, but her husband grabbed her by the hair and pulled her off the vessel four times, causing her to hit her head on the side of the watercraft.
Both Dosters were reportedly intoxicated and nude, except that Pamela was wearing a life jacket. Michael Doster called 911 to report Pamela Doster missing, according to MCSO reports.
In a sworn statement before she died, she wrote, “Mike hurt me on the Sea Doo on my hip and face.”
Campoli said the statement is hearsay, and knew of no exception that would allow for its admission in court.
“We really need to find any witness to the domestic incident,” said Kenney. “Unfortunately Florida courts have a problem with hearsay.
“We know there was sex between the male and the male. We don’t care about that,” Kenney added.
MCSO public information director Dave Bristow agreed.
“We welcome any information from anyone at anytime,” Bristow said. “There’s particularly one individual we want to talk to.”
According to the court’s July 14 pre-investigation report, Michael Doster has a criminal history in Tennessee from more than 10 years ago.
Doster originally posted a $5,000 bond and signed a supervised release agreement — prohibiting drugs, alcohol and contact with his wife, as well as requiring random urinalyses. According to Campoli, he is working and living in Pasco County.
Judge Robert A. Farrance has been assigned to the case.
The Oct. 13 hearing will begin at 1:30 p.m. at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.