The latest on Tammy Sytch's trial.
On September 26, Florida State Attorney RJ Larizza filed a sentencing memorandum in regards to Tammy "Sunny" Sytch in advance of her sentencing on November 27 on numerous criminal charges before The Seventh Judicial Curcuit Court, in and for, Volusia County, Florida:
The sentencing memorandum (via PWInsider) reads:
COMES NOW, R.J. LARIZZA, State Attorney for the Seventh Judicial Circuit of Florida, by and through the undersigned Assistant State Attorney, and files this Memorandum. In support of this
Memorandum, the State would show the following:
1. Facts
On August 26, 2023 the defendant entered a plea of no contest as charged to one count of DUI Manslaughter, Driving While License Suspended with Death, four counts of DUI with Damage to Person and two counts of DUI with Damage to Property.
Tamara Lynn Sytch is a danger to society as shown based on her past record and current offense. On March 25, 2022 at 8:21 pm the Defendant crashed into the vehicle of the victim, Julian Fran Lasseter, resulting in his death. The Defendant was the sole occupant and was driving a white 2012 Mercedes sedan going South near the 100 block of N Yonge Street in Ormond Beach, Florida. Prior to the crash, the Defendant was witnessed running the red light at a high rate of speed at the intersection of Wilmette Avenue and US l, approximately I mile from the scene of the crash. Multiple cars had to slam on their breaks to avoid a collision with the Defendant. Mr. Lasseter was stationary at the traffic light in his black Kia SUV when he was rear ended by the Defendant' s vehicle. The crash caused Mr. Lasseter's vehicle to also crash in to the Black GMC Yukon that was also stationary at the light and driven by Demetrios Mahairas. Mr. Mahairas's vehicle had three passengers. Mr. Lasseter succumbed to his injuries shortly after the crash.
When law enforcement spoke to the Defendant at the hospital, she stated that she was unaware that she was involved in a crash and advised that she remembered making leftover burritos in her kitchen and that she drank some vodka, but could not say how much. The Defendant stated that vodka was her "go to" and she recalled leaving the house to go to Wawa for gas and then possibly to a 7-Eleven on the beach side in search for iced tea. A rotisserie chicken, tumbler style cup, and open bottle of Grey Goose Vodka was located in the Defendant's front passenger seat after the crash. The Defendant's blood was drawn at the hospital for medical purposes on March 25, 2022 at 9:20 pm, just under an hour after the offense. The Defendant's blood was drawn by law enforcement on March 26, 2022 at 12:20 AM, approximately 4 hours after the crash. FDLE Analyst Ryan Warner performed the conversion of the medical blood to a legal blood amount and opined that just under an hour after the crash the Defendant's blood alcohol content was between a .32 and .36. Analyst Warner also analyzed the legal blood drawn by law enforcement approximately 4 hours after the crash and found the Defendant' s blood alcohol content to be a .280 at 12:20 am on March 26th and that the Defendant's blood contained the active ingredient, active metabolite and inactive metabolite of cannabis. The Defendant was arrested on May 6, 2022. Prior to her arrest, the Daytona Beach Police Department generated a report from May 5, 2022 in which the Defendant was located on the sidewalk in front of 550 Seabreeze Boulevard unable to provide her name and date of birth. The Defendant could not advise how much alcohol she had consumed and indicated she could not get home. The Defendant could not stand up without help, could not walk, had slurred speech and constant nystagmus. The Defendant was taken into custody and transported to Halifax Health for treatment under a Marchman act. At a hearing on May 13, 2022, the Court found that the Defendant poses a threat of harm to the community and held her no bond pursuant to 907.041
Il. Prior Criminal History
The Defendant has an extensive prior criminal record specifically in reference to driving under the influence, driving without a valid license, and other alcohol or narcotic related offenses.
a. Connecticut: On October 18, 2012 the Defendant was convicted of Violation of a Protective Order, a Class D Felony, and was sentenced to three years ofj ail suspended with two years of conditional discharge.
b New Jersey:
a. On February 15, 2005 the Defendant was adjudicated guilty on the charge of
Possession of Certain Prescription Drugs.
b On February 15, 2005, the Defendant was adjudicated guilty on the charge of
Wandering/Prowling to Obtain a Controlled Substance
c. On January 28, 2008, the Defendant successfully completed pretrial intervention on charges of Theft by Unlawful Taking and Obtaining a Controlled Dangerous Substance by Fraud.
On April 26, 2021, the Defendant was convicted of a felony, Resisting Arrest using means to create a substantial risk of causing physical injury to the public servant or another.
On February 23, 2022, the Defendant was arrested for Driving Under the Influence. The Defendant struck a pole and then drove away. The Defendant's blood alcohol content pursuant to a breath test was .308. The Defendant was also charged with Operating a Motor Vehicle during a period of license suspension. The Defendant has been indicted and the case is still pending with the Monmouth County Superior Court.
c. Pennsylvania:On May 30, 2015, in the County of Carbon, Commonwealth of Pennsylvania, the Defendant was arrested by the Mahoning Township Police Department on charges of Driving Under the Influence, Driving Under the Influence, Driving While Operating Privilege is Suspended or Revoked, and Careless Driving. According to the Affidavit of Probable Cause, her blood alcohol content was .253. On December 17, 2015 the Defendant pled Guilty to one Count of DUI and the remaining charges were dismissed pursuant to a negotiated plea in Case CR 821-2015.
On October 3, 2016, the Defendant violated the probation she was sentenced to.
On February 3, 2017, the Defendant's probation was revoked and she was re-sentenced to the Carbon County Prison.
On June l, 2015, in the County of Carbon, Commonwealth of Pennsylvania, the Defendant was arrested by the Pennsylvania State Police, Lehighton for charges of Driving Under the Influence, Driving Under the Influence, Driving While Operating Privilege Is Suspended or Revoked, Driving without a License, Required Financial Responsibility, Driving on Roadways Laned for Traffic, Driving Vehicle at Safe Speed, and Reckless Driving. According to the Affidavit of Probable Cause, her blood alcohol content was .300. On December 17, 2015 the Defendant pled Guilty to one Count of DUI and one count of Blood Alcohol Content .20 or Greater and the remaining charges were dismissed pursuant to a negotiated plea in Case CR 1118-2015
On October 3, 2016, the Defendant violated the probation she was sentenced to.
On February 3, 2017, the Defendant's probation was revoked and she was re-sentenced to the Carbon County Prison.
On June 20, 2015, in the County of Carbon, Commonwealth of Pennsylvania, the Defendant was arrested by the Pennsylvania State Police, Lehighton for charges of Driving Under the Influence, Driving Without a License, Driving on Roadways Laned for Traffic, and Careless Driving. According to the Affidavit of Probable Cause, her blood alcohol content was .078. On December 17, 2015, the Defendant Pled Guilty to one Count of DUI and the remaining charges were dismissed pursuant to a negotiated plea in CR 1 119-2015.
On October 3, 2016, the Defendant violated the probation she was sentenced to.
On February 3, 2017, the Defendant's probation was revoked and she was re-sentenced to the Carbon County Prison.
In the Court of Common Pleas of Northhampton County, Pennsylvania on January 12, 2017, in case 3742-16, the Defendant pled guilty to Driving Without a License in Docket Number CP-48-CR-0003742-2016.
The Defendant has never had a valid driver license in the State of Florida. The Defendant has a suspended driver license out of the State of Pennsylvania.
111. Law - Scoresheet
The State anticipates that there will be argument by the defense in regards to the statutory maximum the Defendant is facing. Based on the egregiousness of the facts and the Defendant's prior criminal history, it is the State's belief and argument that the maximum sentence allowable by law is the only sentence appropriate for the Defendant.
The only agreement made pursuant to the plea is that the Defendant is to be sentenced to time served on the 6 misdemeanor charges she has pled to. That leaves the Court with the discretion to sentence the Defendant on one third degree felony and one second degree felony. The bottom of the guidelines on the scoresheet that was submitted and stipulated to by counsel for the Defendant at the time of the plea is a lowest permissible prison sentence of 127.950 months. While the State believes the bottom of the guidelines is not appropriate nor would a downward departure, the State would like to address some anticipated arguments of the defense. The Florida Supreme Court in State v. Gabriel, 314 So.3d 1243 (Fla. 2021) held that the maximum sentence for each individual felony offense is the statutory maximum as provided in s. 775.082, F. S. , unless the lowest permissible sentence on the scoresheet exceeds the statutory maximum for that offense. Gabriel further states that if the lowest permissible sentence exceeds the statutory maximum for an individual felony offense, the lowest permissible sentence replaces the statutory maximum and must be imposed for that offense. Gabriel holds that sentences for multiple felony offenses may be imposed concurrently or consecutively.
The maximum sentence on the DUI Manslaughter is 15 years prison. The Driving While License Suspended with Death would typically be punishable by a maximum of 5 years prison. However, pursuant to the Gabriel case, it is the State's position that the maximum sentence is 10.663 years and that is the required sentence for the Court to impose. Additionally, the Court is required to sentence the Defendant to a period of monthly reporting probation to allow the Defendant to complete a substance abuse course pursuant to F.S. 316.193(5). The State would argue that 6 months would be a sufficient length of time to complete the substance abuse course requirement of section 316.193(5). Based on the Defendant's criminal history and the facts and circumstances in the instant case, specifically the Defendant' s blood alcohol content being 4 times the legal limit under an hour after the crash, the State implores the Court to run the sentences
COMES NOW, R.J. LARIZZA, State Attorney for the Seventh Judicial Circuit of Florida, by and through the undersigned Assistant State Attorney, and files this Memorandum. In support of this to one another and sentence the Defendant to 26 years in the Department of Corrections followed by 6 months of probation. By continuously driving under the influence without a valid license, the Defendant has a demonstrated a wanton disregard for the law and a clear refusal to abide by the law. The State believes that the maximum sentence is the only way to protect the community from the Defendant' s repetitive and dangerous actions.
WHEREFORE, the State prays that this Court will sentence the defendant according to the above.
R.J. LARIZZA
STATE ATTORNEY
Sytch faces a maximum sentence of 25 years in jail. Sytch has been in jail since May 2022 for her involvement in a fatal car crash in Volusia County, Florida, that killed a 75-year-old man on March 25, 2022.
She pleaded no contest in August.
