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Thomas Petry, driver who killed Ali Spice and two others in a crash, is sentenced to 37 years

Three people were killed: Alexandra Dulin, 21, who was also known as Ali Spice to nearly a million TikTok followers; Kyle Jacob Moser, 25, of Daytona Beach; and Ava Fellerman, 20.

The wrong-way driver in the crash that killed TikTok star Ali Spice and two others was sentenced to 37 years in prison on Wednesday.

Thomas Petry, 55, of Orange City, was driving a pickup truck westbound in the eastbound lanes of State Road 44 east of Interstate 4 on Dec. 11, 2022, when the truck collided head-on with an Infiniti Q50, according to police.

Three passengers in the Infiniti died: Alexandra Dulin, 21, who was also known as Ali Spice to nearly a million TikTok followers; Kyle Jacob Moser, 25, of Daytona Beach; and Ava Fellerman, 20, of Treasure Island.

District Judge Dawn Nichols sentenced Petry to 37 years in prison.

Petry was the first to speak during the hearing. He sat at the defense table next to his lawyer Richard Zaleski. Petry looked down as he read a statement. He admitted drinking alcohol before the accident and said he didn't know how he came to be driving on the wrong side of the road. He apologized for leaving the scene of the accident.

Petry said he was “a broken man.” He said he knew there was no way to repay the victims' families for the lives of their loved ones.

“If I hadn't been on the wrong side of the street at that time of night, if I hadn't followed my temptations and held myself back earlier that night when I was wondering what I was doing with that younger lady, I wouldn't be sitting “I “I am here before you today,” said Petry.

“I hurt not only the families, but also my children, my loved ones and the reputation I had,” he said.

“I swear to you and these families with all my heart that I am not the person people think I am,” Petry said.

He gave the names of the young people who were killed.

“Judge Nichols, parents, siblings, families and friends of Ava, Kyle and Ali, there is nothing I can say or do to retaliate against any of you for the impact of the loss of that terrible night,” Petry said. “I would like to ask for forgiveness, but I know there is no way to right my wrongs.”

Petry said he wronged the victims' families as well as his own family and friends.

He reiterated that he couldn't undo what happened that night.

“It is a pain that I will have to live with for the rest of my life. They say mistakes don't define you, but those who say that haven't grappled with what I'm sitting here addressing today,” Petry said.

Petry was charged with three counts of vehicular homicide; three counts of leaving the scene of an accident resulting in death; Leaving the scene of an accident with serious injuries; and Reckless Driving – Serious Bodily Injury.

Assistant District Attorney Michael Willard asked that Petry be sentenced to life in prison. Defense attorney Zaleski asked that Petry receive seven years in prison followed by 30 years of probation, arguing that there were factors that would allow for a lower sentence, a so-called “downward departure.”

Judge says of Petry: “What he did that night was terrible”

Judge Nichols said it appeared Petry had led “an exemplary life” until the fatal crash.

“But the problem is, what he did that night was terrible. He was impaired. He drove many kilometers in the wrong direction. And he left the scene,” Nichols said.

Nichols said she determined there were legal factors, including that the crash was an isolated incident and Petry had shown remorse, that would allow her to grant Zaleski's request for a “downward departure,” which would mean a lesser sentence than the minimum sentence of 37 years established by state sentencing guidelines. However, she said she could not grant this request “in good faith.”

She said she felt terrible about this for Petry's family.

“But Mr. Petry's family will at least be able to visit him in prison,” Nichols said, then gestured toward the side of the courtroom where the victims' families sat. “These families don’t even have that option.”

During an earlier plea hearing, when the judge asked him if he would not plead, Petry agreed, which was noted on the plea form. However, the plea filed by his lawyer stated that Petry would plead guilty. But Judge Nichols cleared up the confusion at the start of the hearing and said Petry had pleaded guilty. And Petry's lawyer agreed.

Instead of going to trial, Petry pleaded to all charges.

State sentencing guidelines call for a minimum sentence of nearly 37 years in prison with no downward variation. Petry faced the maximum penalty of life in prison.

The night of the crash

According to police, Petry had been drinking alcoholic beverages with Joanna Dillon, 37, of Deltona, in the hours before the accident. Dillon was in the truck with Petry. She suffered serious injuries. Petry drove away from the scene, leaving Dillon and other victims behind.

Devin Perkins, 24, of New Smyrna Beach, who was driving the Infiniti, also was charged.

Read more Ali Spice's parents: Prosecutors treated them like enemies and threatened arrest

Perkins was found guilty of three counts of vehicular manslaughter and one count of reckless driving causing serious bodily injury. According to prosecutors, the jury of four women and two men deliberated for about 20 minutes before returning the verdict.

According to prosecutors, Perkins was driving 100 miles per hour shortly before the accident. Blood tests showed that Perkins had a blood alcohol content of 0.028, which is below the 0.08 level at which a person is legally considered intoxicated. He also testified that he had used marijuana the day before the accident.

A sentencing date for Perkins has not yet been set and his attorneys are fighting the conviction.

Check back for updates on this developing story.

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