Nearly four years after a 25-year-old Apopka firefighter was fatally injured on the job by a heavy trailer of sand, the city has finally decided to get rid of it.
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Austin Duran’s death had started a years-long saga that included calls to terminate then-Fire Chief Sean Wylam, a lawsuit by Duran’s family, and an effort to recall then-Mayor Bryan Nelson.
Commissioners voted unanimously during Wednesday’s meeting to have the trailer destroyed after a visibly emotional Michael Duran, Austin’s father, told them he and his family were surprised — and very disturbed — to learn the city still had it.
“I’m here today to ask, and to let the city know, that myself and my family are 100% behind getting rid of this trailer,” he told commissioners. “I, too, thought that this sand trailer was out of the city.”
Austin Duran died July 15, 2022 of traumatic spine injuries he suffered 15 days earlier when helping move the trailer, which carried a heavy metal container filled with sand used on spills involving gas and other liquids. The trailer tipped over, crushing him. He had been working at the department for just two years.
The elder Duran told commissioners that he had been told the trailer was gone when he asked about it in the past. He said he’s convinced that if the city keeps the trailer it will end up back in service — and could cause another tragedy.
“I want to make sure that this trailer is cut up into small pieces beyond recognition, that no other fire department could ever possibly come into possession of this trailer,” he said. “I don’t want a third party to do it, I want this city to do it.”
Duran wore a baseball hat with the logo and a shirt with the stylized name of The 2650 Foundation, a nonprofit formed to honor his son by family, friends and fellow firefighters. The foundation, named in honor of his badge number, says its mission is to “build upon Austin’s enduring legacy by providing and promoting training, education, and mentorship opportunities for first-responders, breathing life into his aspirations.”
Mayor Nick Nesta, who was sworn in April 28, told commissioners he did not realize the city still had the trailer in its possession. He said he came upon it while visiting various city properties after taking office.
Nesta said after consulting with the city attorneys to see if there were legal reasons to hold onto it, he reached out to Duran’s family to discuss removing it. The issue was on the meeting’s consent agenda for disposal of surplus property.
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“This is to make sure we kind of close out a chapter … obviously one close to a lot of people’s hearts,” Nesta told commissioners.
The mayor said a city employee has promised to destroy it on-site so it won’t end up somewhere else.
Nelson, who was months into his second mayoral term when the tragedy occurred, said Wednesday evening that the agency stopped using the trailer that injured Duran, but the city held on to it for a couple of years for legal reasons. Nobody previously had asked to remove it, he said.
“Not one person said they wanted to destroy it,” Nelson said. “They obviously wanted it taken out of commission. … If the family had asked to get rid of it, I would’ve gotten rid of it.”
Some people blamed city officials for the tragedy. A citizens’ petition drive in early 2023 aimed at ousting Nelson in a recall election in the wake of Duran’s death fell 70 votes short of the 1,762 signatures of registered voters needed to advance it.
In August 2023, commissioners also expressed “no confidence” in Fire Chief Wylam by a 3-2 vote. Nelson, who supported the chief, said he had no intention to dismiss him. Ultimately, Wylam resigned Oct. 31, 2024 after having served in the role for five years.
Gail Duran, Austin’s mother, sued the city along with Wylam and other top department officials in September 2023, which included claims of wrongful death and gross negligence.
The city sought to have the lawsuit tossed on sovereign immunity grounds. In April 2024, Circuit Judge Margaret H. Schreiber dismissed the case.
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