Ex-WWE Star Claims ‘Mental Disorder’ For Lowered Prison Sentence

WWE

The attorneys for WWE Hall of Famer Tammy Sytch (Sunny) filed a motion for downward departure, claiming she needs special treatment for a mental disorder.

The filing was as follows (via PWInsider):

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 was made on October 13 and Sytch will be sentenced on November 27.

Sytch was arrested on May 6, 2022 after a traffic fatality incident on March 25, 2022 where 75-year-old Julian Lafrancis Lasseter died after it was believed Sytch had crashed into him and caused a three-car collision in Ormond Beach, Florida.

Sytch’s blood alcohol level at the time was determined to be 0.280, which is 3.5 times more than the legal limit to be operating a motor vehicle.

She was hit with nine charges – one count of DUI causing death (DUI Manslaughter), one count of causing death while operating a vehicle with a suspended or revoked driver’s license, four counts of DUI causing injury to a person, and three counts of DUI causing damage to property.

Sytch entered a no contest plea just before she was set to go on trial for the nine charges.

The plea essentially ruled that the time she has already spent in incarceration since May 2022 covers seven of the nine charges listed.

She will be sentenced on November 27 for the two remaining charges – DUI Manslaughter, and causing death while operating a vehicle with a suspended or revoked driver’s license.

On October 5, Florida state attorney RJ Larizza requested for Sytch to be sentenced to over 26 years in prison.

We’ll keep you posted with further updates.

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• DUI
• Sunny
• Tammy Sytch

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