Editor’s note: This story contains descriptions of death and may be sensitive to some readers.
Clayton Emerson was 17 years old when he was killed in a car accident.
A driver failed to yield on East University Avenue, striking Emerson on his motorcycle in June 2024.
The driver, Keith Grant, a 41-year-old Gainesville resident, was found to be negligent in the crash. He has a history of four drug-related arrests in a 13-year period, including an arrest in 2017 for felony drug possession.
Grant didn’t complete a toxicology report after the fatal crash. As a result, Clayton’s family drafted “Clayton’s Law,” which would require toxicology tests for all fatal crashes where negligence is involved, regardless of suspicion.
Negligence refers to careless conduct causing harm to another person. Texting, failing to obey a traffic sign or speeding can be considered negligence for drivers.
Clayton’s mother, Kelli Boyd, a 47-year-old Newberry resident, created a petition for Clayton’s Law June 30. Nearly a month later, it amassed almost 4,500 signatures.
Officers determining probable cause is too subjective, Boyd said.
Florida law states officers can decide whether to perform a toxicology report, even in cases of serious injury or death.
“Right now, officers have full discretion, and too many families are left without answers,” Boyd said. “My son was 17 years old. He had his whole life ahead. Now we’ll never know, that evidence is gone now.”
The loss of her son was the “darkest time in her life,” Boyd said.
She felt the Gainesville Police Department could have handled the situation better, she said.
Boyd said her family had to push for a traffic citation to be administered. Keith Grant wasn’t issued a citation until July 2025, 13 months after the accident.
Grant is set to appear for a mandatory hearing Sept. 4 for “serious injury and fatality.” While he was originally charged with failure to yield approaching or entering an intersection, there were no charges regarding the fatality.
The charges’ lack of clarity frustrated Boyd, especially due to how many fatalities happen as a result of impaired drivers, she said.
In Florida, over a third of fatal crashes from 2013 to 2023 included an impaired driver. The statistic only reflects cases in which toxicology testing was performed. It’s unknown if the number is higher.
Boyd connected with several Florida legislators and legal assistants to strengthen the language of the proposed bill, she said. The bill is currently in the sponsorship phase, meaning a sponsor will be responsible for filing the bill before it goes into the Florida House or Senate.
“I can’t let his death be just another statistic,” Boyd said. “To be hit in the face that nobody will be held accountable has led me down this path of wanting a law in place, wanting accountability.”
The potential bill has faced pushback claiming it’s “stepping on constitutional rights,” Boyd said.
Clayton’s father, Chad Emerson, a 49-year-old Lake Butler resident, has his commercial driver's license. In cases of crashes causing fatalities, all drivers with a CDL are required to do a toxicology test, he said.
“Definitely don’t want any other families to have to go through and experience what we went through, of not knowing why exactly this happened,” Emerson said.
Everybody affectionately called Clayton “Boo,” and he was preparing to join the United States Marine Corps, Emerson said.
“He walked into the room, you knew it was fixing to be a good time, you knew you were fixing to be laughing,” Emerson said. “He was full of life.”
Gainesville Public Information Officer Art Forgey said GPD is aware of the petition filed by Clayton’s family.
Police are only permitted to conduct toxicology tests if they have “probable cause a crime has been committed,” Forgey said. Probable cause could include the smell of substances, a driver showing signs of impairment or drivers who have probation orders.
“It could be a [former] bank robber, and he could be standing outside the bank,” Forgey said. “Just because he’s had a past of that, doesn’t mean there’s probable cause at this moment.”
GPD did not respond to multiple requests for clarification about why the citation was filed 13 months later.
Contact Logan McBride at lmcbride@alligator.org. Follow him on X @logandmcbride.
Logan McBride is a journalism junior and the Summer 2025 city commission reporter. In his free time, he enjoys watching TV shows or playing basketball at Southwest Rec. He is also a big football fan and will die for Dak Prescott.