Man in fatal hit-and-run case of Collier boy, 13, will have second trial

A big win for a mother fighting for justice.

There will be a second trial for the man accused of hitting and killing a 13-year-old boy on his bicycle in Collier County two years ago. A jury could not decide whether the driver was guilty during the first trial.

Nikki Colvin said this time of the year is the hardest. She should be taking her son, Shayden, to school. To boy scouts with his friends. Instead, she is in a courtroom.

“If it takes 100 years,” she said, “I will fight for Shayden until he gets justice.”

Colvin said she believes she is one step closer. A judge denied a defense motion to dismiss all charges. The second hit-and-run trial for Pedro Silva-Diaz is on for next months.

Defense Attorney Lee Hollander claims the state withheld evidence favorable to his client during the first trial. Specifically, a video showing cars other than Silva-Diaz’s passing through an intersection near where the victim died.

Hollander believes the video would have pushed the first jury toward an acquittal instead of being hopelessly deadlocked. The judge said the defense is free to show the video in the second trial.

The judge denied the state’s motions to bring the jury to the scene of the crash to perform more testing on the bike the victim was riding. Also, to bring Silva-Diaz’s immigration status into evidence.

Colvin, always with a picture of her son, believes the second jury will convict the man she believes is her son’s killer. She is a mother on a mission, who said she would not rest until her son can rest in peace.

“We’re still going to light candles,” Colvin said. We’re still going to talk about him. We’re still going to have his picture. We’re still going to remember him every day and that’s all we can do.”