TAMPA, Fla. - Just how fast driver Cameron Herrin was clocked before the deadly crash that killed a mother and her baby on Bayshore Boulevard is recorded on the Mustang’s computer system, also known as the infotainment system. That key evidence has been in limbo for weeks.
The defense attorneys representing Herrin and John Barrineau, who are both charged with vehicular homicide, said the lead detective unlawfully obtained the computer system from the Mustang without a proper warrant. Herrin's attorney, John Fitzgibbons, said the evidence should be thrown out.
“We believe this is a fatal error in the search warrant,” argued Fitzgibbons.
However, Hillsborough prosecutor Aaron Hubbard refuted that, saying the warrant detectives got to search the entire car and that should be enough.
"What the defense is proposing is unrealistic," said Hubbard.
After weighing his decision for weeks, Hillsborough Judge Christopher Nash ruled that the evidence is allowed in the case.
"I’m entering an order denying the defendant's motion to suppress evidence seized as a result of the execution of the search warrant for the 2018 Ford Mustang," said Nash.
Herrin and Barrineau are accused of racing on Bayshore and causing a fatal crash that killed Jessica Raubenolt and her one-year-old baby Lilia in May 2018.
Nearly three years later the case is finally going to trial on January 4, 2021, a long wait for the victim’s family.
Both Herrin and Barrineau are charged with two counts of vehicular homicide and unlawful racing.
The trial is expected to last two weeks.