H Jenkins on October 16, 2023
Tammy Lynn Sytch is facing a possible 26-year sentence, as we previously reported, the WWE Hall of Famer pleaded no contest to DUI Manslaughter charges. After initially asserting her innocence to all charges, she changed her plea in court, and now there is new information in her case.
PW Insider reports that Tammy Lynn Sytch’s attorneys filed a motion on October 13th before The Seventh Judicial Circuit Court in Volusia County, Florida. Tammy Lynn Sytch filed a notice regarding two potential psychiatrists who may testify on her behalf, one located in Texas and the other in Florida.
MOTION FOR DOWNWARD DEPARTURE
COMES NOW the Defendant, Tamara Lynn Sytch, by and through her undersigned Assistant Public Defender and moves this Honorable Court to grant this motion for the following reasons:
- The Defendant in this case is charged with One Count of DUI Manslaughter, One Count of Driving While License Suspended with Death, Four Counts of DUI with Damage to a Person and Two Counts of DUI with Damage to Property.
- The Defendant entered a split plea with an open plea on the counts of DUI Manslaughter and Driving While License Suspended with Death and a negotiated plea on the misdemeanor DUI counts whereby they will be disposed of with a time served sentence to run concurrent to each other and to the felony counts.
- The Defense submits that Ms. Sytch meets the criteria for a downward departure.
Under Florida’s sentencing statutes, “[a] downward departure from the lowest permissible sentence … is prohibited unless there are circumstances or factors that reasonably justify the downward departure.” 921.0026(1), Fla. Stat. (2022). Subsection 921.0026(1) continues by indicating that subsection 921.0026(2) provides a non-exclusive list of mitigating factors. A trial court’s decision whether to depart from the guidelines is a two-part process. First, the court must determine whether it can depart, i.e., whether there is a valid legal ground and adequate factual support for that ground in the case pending before it (step I). Legal grounds are set f01th in case law and statute, and facts supporting the ground must be proven by “a preponderance of the evidence.’ This aspect of the court’s decision to depart is a mixed question of law and fact and will be sustained on review if the court applied the right rule of law and if competent substantial evidence supports its ruling.
Second, where the step I requirements are met, the trial court further must determine whether it should depart, i.e., whether departure is indeed the best sentencing option for the defendant in the pending case. In making this determination (step 2), the court must weigh the totality of the circumstances in the case, including aggravating and mitigating factors. This second aspect of the decision to depart is a judgment call within the sound discretion of the court and will be sustained on review absent an abuse of discretion. Discretion is only abused where no reasonable person would agree with the trial court’s decision. Banks v. State 732 So.2d 1065 (Fla. 1999)
MITIGATING CIRCUMSTANCE FOR DOWNWARD DEPARTURE
The defense intends to present evidence that Ms. Sytch meets the criteria for a downward departure under the following grounds.
921 0026(2)(d) The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.
WHEREFORE, Defendant prays this Honorable Court grant this Motion.
The filing on October 13th precedes Tammy Lynn Sytch’s scheduled November 27th sentencing. RJ Larizza, Florida State Attorney, filed a motion on October 5th, seeking a sentence of over 26 years in prison for Sytch.
Should Tammy Lynn Sytch receive the 26-year sentence, she would be 76 years old upon her release. Sytch’s sentencing is scheduled for November 27th at 9 AM.
In August, Tammy Lynn Sytch entered a plea of no contest in Florida, related to charges including DUI causing death, causing death while operating a vehicle with a suspended or revoked driver’s license, DUI causing injury, and DUI causing damage to property. These charges stemmed from a March 2022 incident in Ormond Beach, Florida, resulting in the death of 75-year-old Julian Lasseter during a traffic collision. She had initially pleaded not guilty, but her plea changed to nolo contendere. Nolo Contendere is a plea by which a defendant accepts conviction but does not admit fault or guilt.
As part of the plea agreement, all the remaining charges, which are misdemeanors, against Tammy Lynn Sytch will be considered served concurrently with the top charges. Sytch has been incarcerated since May 2022.
The incident report from the Ormond Beach Police Department on March 25th, 20222 stated that Tammy Lynn Sytch, who did not have a valid driver’s license, was driving southbound on U.S. 1 just north of Granada Boulevard and failed to stop at 8:28 PM EST. Two witnesses reported that Sytch’s car was traveling at a high speed before colliding with Lasseter’s stationary vehicle, which then hit a third vehicle. Lasseter passed away after being taken to the hospital, and the occupants of the third vehicle suffered neck, back, side, and head injuries but were not hospitalized.
In August 2022, Tammy Lynn Sytch waived her right to a speedy trial and was given “criminal indigent status,” signifying her inability to afford a lawyer for her criminal defense. A recent photo of Sytch in court was also quite shocking for fans who remember her as the internet’s most downloaded woman.
Before her arrest, Tammy Lynn Sytch disavowed responsibility on social media, claiming a heart attack caused the collision. Following her arrest, she expressed displeasure with negative comments, threatened to block individuals, and emphasized that they didn’t know the full story. Sytch was arrested on May 6th, 2022, posted bond of $225,500 a few days later, and the State of Florida subsequently requested her remand without bond due to her being a “menace to the community.”
Officers testified during a hearing on May 13th, 2022 that her blood alcohol level was significantly above the legal limit at the time of the collision, and an open bottle of vodka was found in her vehicle. The night before her arrest, she was found intoxicated outside a bar and required hospitalization.
We will continue monitoring this ongoing situation with Tammy Lynn Sytch. She had quite a fall from grace, and it is certainly a tragic and sad story in pro wrestling history. For more updates, keep it tuned with us here at Ringside News.
What’s your take on the Tammy Lynn Sytch story? Let us know what you think about things in the comments section!
October 16, 2023 5:24 pm
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