TAMPA, Fla. - 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.
“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.
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.