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New subpoenas issued in fatal mini-golf course crash investigation, toxicology report negative

Updated: Jun. 3, 2021 at 9:29 PM CDT
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BAY COUNTY, Fla. (WJHG/WECP) -

The investigation continues into the Panama City Beach mini-golf course crash that killed two Kentucky children. A motion filed in court revealed driver Scott Donaldson’s long-awaited toxicology report results.

“Mr. Donaldson had a blood alcohol level of 0.0. He had no controlled substances in his system at all, and he suffered from epilepsy,” criminal defense attorney Waylon Graham said.

The State Attorney’s Office filed the motion for issuance of a subpoena on May 28. With it comes new information about the day of the crash and Donaldson himself.

It is confirmed Donaldson has epilepsy.

The state reports witnesses saw Donaldson experiencing seizure-like symptoms at the scene of the crash, and reveals he had another epileptic seizure at the hospital.

Now the state is seeking additional medical information in a possible investigation on the charges of vehicular homicide and/or manslaughter by culpable negligence.

Graham, who represents Donaldson, said what happened on December 4th was a horrible accident.

“We’re trying to resolve a few more issues but it appears there may not be a crime here,” Graham said.

Also in the state’s motion are notes from a neurologist who Donaldson visited two days before the crash.

“That neurologist, and you have his notes in that package there, stated that he was in good condition, medically fit, and could assume all normal endeavors of human life,” Graham said.

The state is seeking a list of medications Donaldson was supposed to be taking and intends to test his remaining blood sample to see if these medications were present at the time of the crash.

The subpoenas were issued to Sacred Heart, Gulf Coast Hospital, Blue Cross/Blue Shield, and Allstate.

“He was taking the seizure medication at this time and has been taking it since he was diagnosed with this ailment,” Graham said.

Newschannel 7 asked Bay County Tax Collector Chief Deputy Jessica Laird if it was legal in Florida for someone with epilepsy to have a license in the first place.

“That would be up to the discretion of the medical board based on the review of their findings,” Laird said.

Graham said the medical board approved Donaldson.

“That’s what happened in this case. So many, many years ago, a decision was made by the DMV based on the best medical advice they could obtain that he was safe to drive,” Graham said.

At this time, we know Donaldson’s license is still revoked. We asked Graham if Donaldson intends to try and get his license back anytime soon.

“No time soon. Right now, he is just trying to become well and control these seizures with proper medication and we’ll see where that takes him,” Graham said.

Graham expects the five subpoenas to be completed in about 2-4 weeks.

State Attorney Larry Basford declined to comment on the motion since it’s an ongoing investigation.

You can read the motion below:

Page one of the motion filed by the State Attorney's office.
Page one of the motion filed by the State Attorney's office.(WJHG/WECP)
Page two of the motion filed by the State Attorney's office.
Page two of the motion filed by the State Attorney's office.(WJHG/WECP)
Page three of the motion filed by the State Attorney's office.
Page three of the motion filed by the State Attorney's office.(WJHG/WECP)
Page four of the motion filed by the State Attorney's office.
Page four of the motion filed by the State Attorney's office.(WJHG/WECP)

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