Defense files motion, putting key evidence in Bayshore crash into question

The attorneys for two teen drivers involved in a crash that killed a mother and her baby says the whole thing was a tragic accident – and not the result of speeding, as is suggested by prosecutors.

Criminal defense attorney Bjorn Brunvand, who is not involved in the case, reviewed a motion filed by the defense team that represents Cameron Herrin and John Barrineau. Both are charged with two counts of vehicular homicide after prosecutors say the two were racing on Bayshore Boulevard when the deadly crash occurred.  

But were they actually racing? The 77-page motion refutes that, claiming the speed of the Mustang -- which struck the victims -- was between 30 and 35 miles per hour, which was well under the speed limit at the time. 

The motion claims there were also no signs of skid marks, and no witness claimed the two cars were driving side-by-side.

Suspected Bayshore street racers get January trial date as victim's father criticizes delays

A heartbroken father did not hold back during a Zoom hearing today. He blamed the legal stalling on the defense and suggested they were using the COVID-19 pandemic as a crutch to limp this case along, 

“Some significant facts were left out, " said Brunvand.  

According to Brunvand, the defense's motion claims some eyewitness statements, taken by police, were false or misleading.

"The statements were not entirely as the witnesses described during depositions," explained Brunvand. 

The defense argues some evidence collected by police from the Mustang's computer system was never included in the original warrant and therefore, investigators had no legal authority or permission to obtain it.  

Teen to be charged as adult in deadly Bayshore crash

The Hillsborough County State Attorney's Office confirmed Wednesday the 17-year-old charged in connection with a street racing crash that killed a mother and her child, is being charged as an adult.

Now, the defense is asking all this evidence to be thrown out, which could hurt the prosecution’s case. 

"If the defense wins the motion, it would put the state in the position of not being able to go forward, which would ultimately result in the dismissal of the charges, " explained Brunvand. 

Prosecutors, however, argue that police always provide summaries of witness statements, never word-for-word accounts. They also dismiss claims the evidence gathered from the Mustang's computer system was illegally obtained. 

A judge will hear arguments on the motion Tuesday morning.

Documents: Driver in fatal street racing crash was going 102 mph

Court documents released Thursday show the driver of the Mustang accused of hitting and killing a young woman and toddler was going much faster along Bayshore Blvd. than previously thought.