By Alexandra Zayas, Times Staff Writer
Wednesday, September 22, 2010
A Hillsborough County victim advocate comforts a tearful Sharon Spencer, right, as she recalls her late husband, John Spencer, at a Wednesday hearing where the man who killed him in a 2000 crash wanted to be granted a driver’s license.
TAMPA — Kharee Capers didn't have a license the last time he got behind the wheel of a car. He was 17, and about to make a deadly decision.
It had started as a summer prank: He would move his friend's Chevy Camaro just far enough for the other teen to think his car was missing. Capers drove it a few blocks and stayed in the driver's seat, waiting. But instead of his friend, he saw a Tampa police officer heading his way.
Capers panicked. He stepped on the gas. Blew through a stop sign. Smashed into a car.
And killed a 42-year-old New Port Richey husband and father named John A. Spencer.
Ten years later, after almost a decade in prison, Capers returned to court with a request:
Could he drive again?
Capers didn't eat or sleep the first day after his sentencing — or the second, or the third. He had pleaded guilty to vehicular homicide, grand theft motor vehicle and driving without a license.
He would spend the rest of his teen years, his 21st birthday and more than half of the next decade behind bars.
"I'm going to die in prison," he told himself.
He had been a student at Jefferson High School, but not a great one, charged with burglary and possessing pot at school, feeling lost and like he had too much time on his hands.
Now, he had even more of it.
He begged God to let him out of prison, then cursed God when that didn't happen.
Then, he finally started calling home and listening to advice from family and friends and church members.
In prison, he passed the General Educational Development test and started taking correspondence courses.
He became a certified chef, learned about fiber-optic cabling, became qualified in construction.
He was 26 when he got out. Now, he's 27, lives in Kentucky, has a job and is studying business management.
He's got a fiance and a baby girl.
He says he thinks about his victim, and most often, about the 19-day-old newborn Spencer left behind. Capers, too, lost his dad as a kid.
He traveled back to Tampa, he said, because he needed a driver's license to continue to study and keep a job. As part of the sentence, a Tampa judge had revoked his license.
On Wednesday, Capers walked into Hillsborough court in a tie, toting transcripts that show his 4.0 grade-point average.
He stood before the judge. And so did widow Sharon Spencer.
What about her family?
"Since Aug. 2, 2000, Mr. Capers has thought the situation that he created was about him," she said. "He's out of jail and instead of being content with that, he wants more.
"My husband deserved more — more time with his children and more happy memories. …
"My whole life will continue to be a string of happy moments that are never truly happy," she said. "Living without driving privileges seems to pale in comparison."
Circuit Judge Gregory Holder listened to what she said. He also listened to Capers' attorney, Kim Seace.
"The best tribute my client can make for his actions," she said, "is to have a law-abiding, productive life. And that's exactly what he's trying to do."
Then, Judge Holder spoke.
"My job is to weigh the evidence and the equities involved," he said. "No equity brings back this man to his family."
He said he recognized how serious the judge's sentence was years ago, but wanted to grant Capers some relief.
He would allow Capers to apply for a license to drive only for business purposes.
Before he finished, the judge gave one last order:
"Don't disappoint me, Mr. Capers."
Times researcher John Martin contributed to this report. Alexandra Zayas can be reached at azayas@sptimes.com or (813) 226-3354.