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TOP: Mark J. Ruth, 43, was arrested Thursday, May 29, 2025, by New Smyrna Beach Police, on vehicular homicide charges, stemming from a fatal hit-and-run crash on Jan. 25, 2025, on the North Causeway in New Smyrna Beach, Florida that resulted in the death of one pedestrian and the near-death of another. Ruth was released from the Volusia County Branch Jail in Daytona Beach on Friday after posting bail for $132,500.
LEFT: Details on the police investigation that led to criminal charges against Ruth. His booking mugshot is shown below.
BELOW: Donald Zerivitz and his wife, Joy Zerivitz of Altamonte Springs, Florida, were victims of the Jan. 25, 2025, North Causeway hit-and-run crash allegedly perpetrated by Mark J. Ruth, of New Smyrna Beach. Joy Zerivitz was pronounced dead at the scene at the age of 63. Her husband, Donald Zerivitz, 64, was critically injured and has since undergone multiple facial surgeries and other medical procedures.
By HENRY FREDERICK / Headline Surfer
NEW SMYRNA BEACH, Fla. -- NEW SMYRNA BEACH, Fla. -- The motorist believed to be responsible for a hit-and-run crash on the North Causeway back in January that resulted in the death of a woman and a man critically injured while they were walking on a sidewalk has finally been arrested on vehicular homicide charges, police said.
Here is a synopsis of what happened on Jan. 25: Officers from the New Smyrna Beach Police Department responded to a motor vehicle crash involving two pedestrians near 4 North Causeway.
An adult female pedestrian, identified as Joy Zerivitz, 63, of Altamonte Springs, was pronounced dead at the scene. An adult male, identified as Donald Zerivitz, 63, and the fatality victim's husband, suffered serious injuries and was transported to a local hospital for treatment.
The investigation revealed that the vehicle, driven by Mark J. Ruth, 43, of New Smyrna Beach, was traveling westbound on North Causeway when it veered off the roadway and onto the sidewalk, striking both pedestrians westbound along the sidewalk.
What was supposed to be a day of joy for the Altamonte Springs couple visiting New Smyrna Beach for its IMAGES: Festival of the Arts, held for three days in January and attracting 50,000 tourists, turned into sheer horror for the Zerivitzes.
Following a comprehensive investigation by the New Smyrna Beach Police Department's Traffic Homicide Investigation Unit, and with support from the State Attorney, Florida's 7th Judicial Circuit, and the Daytona Beach Police Department, NSBPD investigators obtained an arrest warrant for Ruth on Thursday. He was booked into the Volusia County Branch Jail without bail. He posted $135,000 bail on Friday.
Christopher Kirk, New Smyrna Beach's top cop, readily acknowledged the slow pace of the criminal investigation lasting three long months, but wanted to ensure justice with an arrest for the victims and their loved ones.
It's nice to be able to finally bring closure," Kirk told WESH Ch. 2 Orlando. "It is painful for us that it takes so long, but in order to get a good case done right, we want to make sure that we cross all of our T's and dot all of our I's. "
Christopher Kirk, New Smyrna Beach's top cop, readily acknowledged the slow pace of the criminal investigation, but wanted to ensure justice for the victims and their loved ones.
It's nice to be able to finally bring closure," Kirk told WESH Ch. 2 Orlando that it was nice to finally bring some closure to the victims' families. "It is painful for us that it takes so long, but in order to get a good case done right, we want to make sure that we cross all of our T's and dot all of our I's. "
Ruth has been charged with the following:
• Vehicular Homicide
• Reckless Driving Causing Serious Bodily Injury
• Leaving the Scene of a Crash
• Possession of a Controlled Substance
Ruth was released from jail on Friday after posting $135,000 bail after his first court appearance in Daytona Beach.
Prominent Daytona Beach defense attorney Aaron Delgado is representing him. If convicted at trial of the multiple felony counts against him, Ruth faces up to 35 years in prison.
Vehicular homicide can be a second-degree felony, potentially resulting in up to 15 years in prison, while leaving the scene of a fatal crash can elevate the charge to a first-degree felony, with a maximum sentence of 30 years. Reckless driving causing serious bodily injury is a third-degree felony, punishable by up to five years in prison. Possession of a controlled substance can also lead to significant penalties, including imprisonment. The specific sentences will be determined by the judge, considering the aggravating and mitigating factors of the case.
Here's a more detailed breakdown:
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Vehicular Homicide:
It is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. If the driver fled the scene, this charge can be elevated to a first-degree felony with a potential sentence of up to 30 years.
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Leaving the Scene of a Fatal Crash:
This is a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine.
-
Reckless Driving Causing Serious Bodily Injury:
This is a third-degree felony, punishable by up to five years in prison.
-
Possession of a Controlled Substance:
The penalties for this crime vary depending on the type and amount of substance possessed and the presence of aggravating factors, such as prior convictions. In Florida, possession of certain controlled substances can be a felony, while others may be a misdemeanor.
Here's a breakdown of what you should know about Alprazolam:
- What it is: Alprazolam, commonly known by the brand name Xanax, is a prescription medication classified as a benzodiazepine. Benzodiazepines are a class of drugs that act as central nervous system (CNS) depressants, meaning they slow down brain activity. Alprazolam is a fast-acting, potent tranquilizer used to manage anxiety and panic disorders. It's also sometimes used off-label for other conditions, such as insomnia or depression, according to Cleveland Clinic.
- How it works: Alprazolam enhances the effects of a neurotransmitter called GABA (gamma-aminobutyric acid) in the brain. GABA is a naturally occurring chemical that inhibits nerve signals, resulting in a calming effect.
- What it treats: Alprazolam is FDA-approved for short-term treatment of generalized anxiety disorder (GAD) and panic disorder (with or without agoraphobia).
- Forms and Dosage: Alprazolam comes in various forms, including immediate-release tablets, extended-release tablets, orally disintegrating tablets, and oral solutions. Dosages vary depending on the condition being treated and individual patient factors.
- Side effects: Common side effects include drowsiness, dizziness, lightheadedness, and difficulty concentrating. More serious side effects can include seizures, hallucinations, and liver problems.
- Risks: Alprazolam carries a risk of misuse, addiction, and dependence. It also has boxed warnings regarding the dangers of withdrawal and severe harm or death if taken with opioids.
- Withdrawal: Abruptly stopping alprazolam can cause withdrawal symptoms, ranging from mild to severe and potentially life-threatening, including seizures and suicidal thoughts.
- Interactions: Alprazolam can interact with other medications, including opioids, alcohol, and certain antidepressants.
OBITUARY: Joy Benjamin Zerivitz (July 31, 1963 - January 25, 2025)
It is with great sadness that we announce the unexpected passing of Joy Benjamin Zerivitz, who tragically left us on January 25, 2025, in New Smyrna Beach, Florida. She was 61 years old.
A longtime resident of Central Florida, Joy lived in Altamonte Springs, Florida, with her loving husband, Don, her sons, Ben (Olivia) of Winter Park, Florida, and Teddy (Kayla) of Salt Lake City, Utah, and their beloved family cat, Scout.
Born in Orlando, Florida, Joy was the cherished daughter of George z”l and Winifred (Winnie) z”l Benjamin, and the devoted sister of Linda Benjamin Richards z”l (JL).
Joy graduated from Edgewater High School in 1981 and the University of Florida in 1985. She mentored college students through the Boys & Girls Clubs of Central Florida. She was a proud multi-generational member of the Congregation of Reform Judaism in Orlando and a deeply valued friend to many.
Joy beautifully wrote in her mother’s obituary: “She will be remembered for her sweetness, kindness, and concern for others. Her passions included caring for others—pets, family, and friends. She always put others before herself. All the ‘others’ will miss her deeply.”
The exact words now ring true for Joy, whose boundless love, warmth, and selflessness touched countless lives. She will be profoundly missed and forever remembered.
Funeral services were held on Tuesday, January 28, 2025, at the Temple Israel Pavilion, Gotha, Florida.
In place of flowers, the family asks that donations be made in Joy’s memory to the Boys & Girls Clubs of Central Florida (Joe R. Lee Branch) and the Congregation of Reform Judaism Foundation Camp for Kids in Orlando.
About the Byline Writer: