On December 31, 2024, the Polk County Sheriff’s Office arrested and charged 30-year-old Kody Wills of Lakeland, with DUI manslaughter (F2), DUI causing serious bodily injury (F3), and two counts of negligent child abuse (F2), for causing the death of his daughter and serious injury to his son when he crashed his Kia on Broadway Street in Lakeland on November 7th.
PCSO Traffic Homicide Investigators recently received the toxicology report from the University of Florida Pathology Lab, which revealed Wills’ blood alcohol content just after the crash to be three times the legal limit at .25 grams of ethanol per liter of blood (the legal threshold is .08).
The following is an excerpt from his affidavit, and it is self-explanatory:
On Thursday, November 7th, 2024, at approximately 6:26 pm Kody Jo Wills (White male, DOB 05/03/1994) was operating his 2013 Kia four-door passenger car on Broadway Street near Lake Parker Drive, Lakeland, Polk County, Florida when he ran a stop sign and crossed the roadway striking a tree. As a result of the crash, the vehicle caught on fire and Kody Jo Wills’ five-year old daughter died. Additionally, his three-year old son received serious bodily injuries in the form of burns to the face.
An examination of the crash scene revealed there was no obvious evidence of pre-impact braking. Based on the final rest position of Wills’ vehicle, extensive damage, and the short distance traveled; it is consistent that Wills failed to stop at the stop sign located at the intersection of Broadway Street and Lake Parker Drive.
During the crash investigation, Deputy Justin Register responded to the Lakeland Regional Health Medical Center and contacted Kody Jo Wills in the emergency room at approximately 8:39 pm. Deputy Register could smell the odor of what he commonly associates with an alcoholic beverage coming from Wills’ breath. Additionally, Wills’ eyes appeared watery. Post-Miranda, Wills admitted he was driving his vehicle at the time of the crash and that the only passengers in the vehicle were his juvenile children which he had just picked up from their grandfather’s residence. Wills stated he was driving home at the time of the crash and missed a turn. Wills stated after the crash he got out of his vehicle and attempted to get his son out, but he fell to the ground. A stranger then came and helped. When asked about the odor of alcohol, Wills admitted he had one shot of Maker’s Mark alcohol earlier in the afternoon at approximately 1:00 pm.
Deputy Register performed the Horizontal Gaze Nystagmus task on Wills while in the emergency room and Wills exhibited six clues of impairment. Wills had lack of smooth pursuit in both eyes, onset before 45 degrees in both eyes, and nystagmus at maximum deviation in both eyes. Deputy Register was unable to perform any standing Standardized Field Sobriety Tasks (SFST’s) due to Wills’ injuries and ongoing medical treatment. Wills received a broken ankle, an acetabular fracture, and multiple fractured ribs as a result of the crash and was admitted to Lakeland Regional Health Medical Center.
Based on Deputy Register’s observations of Wills and his post-Miranda statement, the affiant authored a search warrant for a legal blood draw to determine the alcohol content of Wills’ blood from the vials of blood drawn from him for medical purposes on November 7th, 2024. A review of the certified medical records revealed that Kody Jo Wills’ medical blood (serum) tested positive for ethanol alcohol at a level of 263 mg / dL. Additionally, the records document that Dr. Shannon Covitz diagnoses included “Alcohol Intoxication” as part of his medical condition at the time of treatment. The vials of blood were sent to the University of Florida Pathology Laboratories for testing.
On Thursday, December 26th, 2024 the affiant received the toxicology result from The University of Florida Pathology Laboratories for testing. Director of Toxicology Dr. Chris W. Chronister, Ph.D., F-ABFT certified that the blood sample from Kody Jo Wills on November 7th, 2024, tested positive for ethanol alcohol at a level of .25 grams/dL.
Based on the totality of the crash investigation, the affiant has reason to believe that Kody Jo Wills was knowingly and intentionally operating a motor vehicle on the roadways of Polk County, Florida with a blood alcohol level of .25 grams/dL which is greater than .08 grams/dL. While operating the motor vehicle, Wills was involved in a motor vehicle crash that caused the death of a human being which was his daughter. Additionally, his son received serious bodily injuries in the form of burns which will leave permanent scarring. Additionally, by knowingly and intentionally operating a motor vehicle on the roadways of Polk County, Florida with an unlawful blood alcohol level: Kody Jo Wills knowingly and intentionally endangered / neglected both children who were juveniles in his custody and care as their biological parent. The endangerment / neglect led to a motor vehicle crash which caused the death of the five-year old child and permanent disfigurement of the three-year old child.
Wills was taken into custody and booked into the Polk County Jail. He will have a first appearance hearing on January 1, 2025.
“Nothing will bring this beautiful child back to her family, nor heal the injuries to her brother or the emotional devastation that Kody Wills has caused to so many people. We know that it has been a horrific seven weeks for this family while our detectives made sure to cross every T and dot every I throughout every step of this investigation; we are confident that we have done everything in our power to ensure Kody Wills is charged appropriately with every felony that he committed, and hopeful that justice will be served. Please continue to pray for this family.” – Grady Judd, Sheriff
