Executive Summary
- Former deputy Greg Nesmith pleaded not guilty to two counts of vehicular homicide.
- FHP reports allege Nesmith was driving 74 mph in a 45 mph zone during the fatal crash.
- Defense attorneys filed a motion to dismiss, citing poor lighting and victim intoxication.
- Nesmith is proposing a settlement in one civil lawsuit while seeking a stay in another.
Former Escambia County Sheriff’s deputy Greg Nesmith has entered a formal plea of not guilty to two counts of vehicular homicide stemming from the traffic deaths of two pedestrians on Perdido Key Drive last July. Court records indicate that Nesmith waived his scheduled arraignment regarding the fatalities of 20-year-olds Nicole Moore and Jackson Cunningham, instead filing a written plea. His next court appearance has been scheduled for February 17, 2026.
According to the Florida Highway Patrol (FHP) traffic homicide report, the incident occurred approximately at 3 a.m. on July 5. Investigators allege that Nesmith, a 32-year law enforcement veteran, was operating an unmarked Sheriff’s Office vehicle at 74 mph in a zone posted for 45 mph. The report states he was returning from a security detail when he struck Moore and Cunningham in a pedestrian crosswalk near River Road.
FHP investigators noted that Nesmith reportedly failed to stop for an emergency vehicle and applied his brakes only five seconds before the collision. Police reports further detail that while Nesmith tested negative for alcohol, he tested positive for Diazepam, a medication used to treat anxiety. Conversely, toxicology results cited by authorities indicate both victims had been consuming alcohol, and Cunningham allegedly tested positive for additional substances.
Defense attorneys have filed a motion to dismiss the arrest warrant, contending it is invalid due to the omission of critical material facts. The motion argues that the collision was unavoidable, citing the pedestrians’ intoxication, inoperative streetlights at the crosswalk, and visual obstruction caused by an passing ambulance. Additionally, the defense has requested a Franks hearing, challenging the probable cause basis of the warrant.
In addition to the criminal charges, Nesmith faces two civil wrongful death lawsuits filed by the victims’ families. Court filings reveal that Nesmith has issued a notice of serving a proposal for settlement in the lawsuit brought by Jackson Cunningham’s father. However, regarding the suit filed by the Moore family, defense counsel has petitioned the judge to stay all proceedings, arguing that moving forward with the civil case pending the criminal resolution would prejudice Nesmith’s constitutional rights against self-incrimination.
Legal and Procedural Implications
The concurrent progression of criminal and civil actions in this case underscores the procedural complexities often seen in high-profile liability cases involving public servants. The defense’s move to stay the civil litigation is a standard legal maneuver intended to protect the defendant’s Fifth Amendment rights, preventing civil discovery from being utilized in the criminal prosecution. Meanwhile, the challenge to the warrant’s validity via a Franks hearing signals an aggressive defense strategy focusing on the investigative methodology used by the Highway Patrol. It is important to note that all individuals are presumed innocent until proven guilty in a court of law.
