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Volusia County Circuit Court Judge Karen Adams Foxman issued the following ruling today, explaining why WWE Hall of Famer Tammy "Sunny" Sytch had been remanded back to jail through the duration of her trial for DUI Manslaughter, among other charges:
ORDER GRANTING STATE'S MOTION FOR PRE-TRIAL DETENTION
THIS CAUSE having come upon the State's motion to detain the Defendant on May 13, 2022, and the Court having conducted a hearing, taken testimony, accepting exhibits, and the Court otherwise being fully apprised in this matter, this Court hereby finds as follows:
Pursuant to Section 907.041(4)(c)4, Florida Statutes, this Court finds there-is a substantial probability, based on the Defendant's past and present patterns of behavior and other relevant facts, that the Defendant poses a threat of harm to the community.
1. The Defendant is charged with DUI Causing Death of a Human/Unborn Child (DUI Manslaughter), a "dangerous crime" under Florida Statute 907.041(4)(a)(10). Accordingly, this Court finds the Defendant is charged with a dangerous crime.
2. The Court finds from the testimony presented and the documents entered into evidence that there is a substantial probability that the Defendant committed the crime of DUI Manslaughter.
a. The Court heard the testimony of two (2) officers from the arresting agency.
b. Defendant was the sole occupant of her vehicle and found in the driver's seat, despite evidence that her driver's license is currently suspended.
c. Defendant's vehicle rear-ended a stopped vehicle (a Kia) so hard that the Kia ran into yet another vehicle.
d. The accident resulted in the death of an occupant in the Kia.
e. Defendant had an unsealed bottle of vodka in the passenger floorboard.
f. Defendant made admissions that she had been drinking vodka earlier in the evening.
g. Defendant's blood alcohol was well over the legal limit (at least .28, ranging up to .32 - .36).
h. Defendant's blood also had levels of THC.
i. The crash caused by the Defendant's driving resulted in the death of an occupant in the Kia vehicle.
3. The Court finds that the Defendant is a threat to the community and disregarded the safety of the community. The Court took into consideration the factors in 907.041(4)(a)(c)(4)(a)-(c).
The Court finds that the Defendant meets the standards under numerous factors of being a threat to the community.
a. The Court reviewed the Defendant's driving record that was entered into evidence. The Defendant has previous convictions for three (3) separate Driving Under the Influence charges, as well as for Driving While License Suspended, Canceled or Revoked.
b. The Defendant further has charges pending from January of 2022 out of New Jersey, as well as a pending Driving Under the Influence out of New Jersey from February of 2022.
c. Though this offense occurred on March 25, 2022, the Defendant was taken into custody on a Marchman Act in May of 2022, after being found in front of "Robbie O'Connell's" unresponsive.
d. On the date of the incident, the Defendant had no Florida driver's license, and her license from another state was suspended due to previous Driving Under the Influence charges.
4. This Court finds there are no less restrictive conditions of release that can reasonably protect the community. The Court finds that the Defendant has disregarded the law several times previously, and that the Defendant has no intention of abiding by the law or bond conditions based on her past and present conduct.
5. The Court finds it has been proven beyond a reasonable doubt that there is a need for pretrial detention.
Therefore, it is hereby ORDERED the State's Motion for Pretrial Detention is GRANTED and the Defendant is to be held without bond.
DONE AND ORDERED this / day of May 2022, at DAYTONA BEACH IN VOLUSIA COUNTY, FLORIDA.
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