WWE Hall of Famer Tammy 'Sunny' Sytch's attorney files intention to seek lower sentence

Tammy Sytch in court for a hearing before Judge Karen Foxman at the S. James Foxman Justice Center in Daytona Beach, Wednesday, Aug. 16, 2023.
Tammy Sytch in court for a hearing before Judge Karen Foxman at the S. James Foxman Justice Center in Daytona Beach, Wednesday, Aug. 16, 2023.

WWE Hall of Famer Tammy "Sunny" Sytch's defense attorney plans to ask a judge to sentence the former star wrestler to less than the 10.5 years in prison required by state sentencing guidelines for a fatal crash in which Sytch was driving drunk, according to records.

A prosecutor has already asked that Sytch be sentenced to the maximum penalty – 26 years in prison – for the crash that killed a man last year in Ormond Beach and called the former wrestling star “a danger to society” for repeated offenses of driving under the influence.

Sytch’s blood alcohol content was four times the legal limit less than an hour after the Ormond Beach crash, according to the sentencing memorandum, which also cited Sytch’s repeated legal violations.

Sytch's attorney, Assistant Public Defender Jessica Roberts, filed a document Friday indicating she will seek a "downward departure," meaning a lower sentence than the 10.5 years in prison which is the lowest sentence the judge can give Sytch under state sentencing guidelines.

Even if the judge agrees that Roberts has provided valid reasons for a lower sentence, the judge is not required to follow it.

The document did not offer a reason for the lower sentence. But it lists two witnesses: Dr. Jeffrey Danziger and Dr. John Matthew Fabian, indicating each one may testify as a witness.

Danziger is a forensic and clinical psychiatrist who has testified in a number of cases in Volusia County and has an office in Maitland. He testified in the case of Ellen Gilland, who is accused of shooting her terminally ill husband at AdventHealth Daytona Beach.

Fabian is a forensic and clinical psychiatrist in Austin, Texas.

Sytch's fatal car crash in Ormond Beach

Sytch, 50, pleaded no contest Aug. 26 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.

Sytch is set to appear Nov. 27 for sentencing before Circuit Judge Karen Foxman at the S. James Foxman Justice Center in Daytona Beach.

Sytch was driving a sedan on March 25, 2022, which crashed into a vehicle driven by Julian Fran Lasseter, who was stopped at a red light in the 100 block of N. Yonge Street in Ormond Beach. Lasseter died from his injuries.

Lasseter’s vehicle was pushed into another.

Sytch’s blood-alcohol content was between 0.32 and 0.36 just less than an hour after the crash, the memo stated. That is four times the legal limit of 0.08, at which point a person is considered legally intoxicated. Sytch’s blood also showed signs of marijuana use.

Sytch told police at the hospital that she was unaware that she had been in a crash; she remembered making leftover burritos in her kitchen and that she drank some vodka. But she could not say how much she drank, the memorandum stated.

An open bottle of Grey Goose vodka was found in the passenger seat of Sytch’s car after the crash, the memorandum stated.

Sytch was arrested May 6, 2022.

Prosecutor: Tammy 'Sunny' Sytch 'a danger to society'

“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,” wrote Assistant State Attorney Ashley Terwilleger.

A day prior to that arrest, Daytona Beach Police found her on the sidewalk in front of 555 Seabreeze Blvd. She was unable to give her name or date of birth to police. She was taken to Halifax Health Medical Center for treatment.

Sytch’s bond was revoked on May 13, 2022, after a judge found she was a threat to the community.

The sentencing memorandum states that Sytch 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.”

Sytch has never had a valid Florida driver's license. She has a suspended Pennsylvania driver's license.

It listed violations in Connecticut, New Jersey and Pennsylvania dating back to at least 2005.

Tammy 'Sunny' Sytch record in Connecticut

On Oct. 18, 2012, Sytch was convicted of violating a protective order, a felony, and sentenced to three years of jail suspended with two years of conditional release.

Tammy 'Sunny' Sytch record in New Jersey

On Feb. 15, 2005, Sytch was adjudicated guilty on a charge of possession of certain prescription drugs and a charge of wandering/prowling to obtain a controlled substance.

On Jan. 28, 2008, Sytch successfully completed pretrial intervention on charges of theft by unlawful taking and obtaining a controlled dangerous substance by fraud.

On April 26, 2021, Sytch 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 Feb. 23, 2022, Sytch was arrested on a charge of driving under the influence. Sytch struck a pole and drove away. Her blood-alcohol content was 0.308. She was also charged with operating a vehicle while license suspended. Sytch was indicted an the case is pending in the Monmouth County Superior Court.

Tammy 'Sunny' Sytch record in Pennsylvania

On May 30, 2015, in Carbon County, Sytch was arrested on charges of driving under the influence, driving while operating privilege is suspended or revoked and careless driving. Her blood alcohol content was 0.253. Sytch pleaded guilty on Dec. 17, 2015, to one count of DUI and remaining charges were dismissed after she reached a plea agreement.

On Oct. 3, 2016, Sytch violated probation. On Feb. 3, 2017, she was resentenced to the Carbon County Prison.

On June 1, 2015, in Carbon County, Sytch was charged with driving under the influence, driving while operating privilege is suspended or revoked, driving without a license, required financial responsibility, reckless driving, and driving at unsafe speed. Her blood alcohol content 0.30. Sytch pleaded on Dec. 17, 2015 to one count of DUI and one count of blood alcohol content 0.20 or greater and the remaining charges were dismissed pursuant to a plea.

On Oct. 3, 2016, Sytch violated probation. On Feb. 3, 2017, she was resentenced to the Carbon County Prison.

On June 20, 2015, in Carbon County, Sytch was arrested and charged with driving under the influence, driving without a license and careless driving. Her blood alcohol content was 0.078. On Dec. 17, 2015, Sytch pleaded guilty to one count of DUI and the other charges were dismissed as part of a negotiated plea.

On Oct. 3, 2016, Sytch violated probation. On Feb. 3, 2017, she was resentenced to the Carbon County Prison.

This article originally appeared on The Daytona Beach News-Journal: WWE Hall of Famer Tammy Lynn Sytch will seek lower sentence