Inset: Kody Wills (Polk County Sheriff’s Office). Background: Deputies at the scene of the crash that left his daughter dead and his son permanently scarred (Polk County Sheriff’s Office).
A 31-year-old father in Florida has been arrested after he was allegedly driving drunk when he crashed his vehicle, killing his 5-year-old daughter and severely injuring his 3-year-old son.
Kody Wills was taken into custody on Tuesday and charged with one count each of DUI manslaughter and DUI causing serious bodily injury as well as two counts of negligent child abuse, authorities announced.
According to a press release from the Polk County Sheriff’s Office, a toxicology test showed that after the accident, Wills blood alcohol content was 0.25, which is more than three times the legal limit to operate a motor vehicle in the state.
Authorities said that at about 6:26 p.m. on Thursday, Nov. 7, 2024, Wills was driving on Broadway Street near Lake Parker Drive 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,” a probable cause affidavit states. “Additionally, his three-year old son received serious bodily injuries in the form of burns to the face.”
An investigation revealed that there was “no obvious evidence of pre-impact braking” before Wills struck the tree, police said.
When a deputy at about 8:30 p.m. that evening went to Lakeland Regional Health Medical Center to speak with Wills about the crash, he noted that Wills showed many signs of being intoxicated, writing that he could “smell the odor of what he commonly associates with an alcoholic beverage coming from Wills’ breath” and noting that his “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,” the affidavit states. “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.”
A search warrant was obtained for a legal blood draw which resulted in the test showing Wills was actually more than three times over the legal limit, the sheriff’s office said. “Alcohol intoxication” was also included as part of his medical condition at the time he was admitted to the hospital with a broken ankle, broken hip, and fractured ribs.
Doctors also told authorities that the burns suffered by Wills’ young son will leave permanent scarring.
“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,” Sheriff Grady Judd said in a statement following the arrest. “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.”
Wills is currently being held in the Polk County Jail and is scheduled to make his first appearance in court on Jan. 1, 2025.
