Two women died in a DUI crash. The driver asked the judge for some leniency. Here's what happened.
In a four-page motion, Billy George Tomci's lawyer detailed reasons the judge should consider a downward sentencing departure for his client. Among the reasons: Tomci "suffers from Post-Traumatic Stress Disorder and major Depressive Disorder."
The attorney wrote: "The Defendant is so filled with remorse that he breaks down in tears and such anxiety that it is nearly impossible for him to discuss the incident and the death of his friends."
"The Defendant, from the moment of the incident and until this day, has been grief stricken and apologetic for his actions."
"The defendant was too young to appreciate the consequences of the offense," attorney Bill Ramputi wrote.
Judge's decision
During a hearing Tuesday, Circuit Judge Anthony Tatti listened to Ramputi, Assistant State Attorney Sasha Kidney, the victims' families, Tomci himself, Tomci's father, and a defense expert witness. In the end, the judge said the defense arguments didn't persuade him to sentence Tomci as a youthful offender.
The judge pointed to Tomci's choice to drink and drive. He wasn't convinced the crash was just an isolated incident.
Tomci did not have a mental disorder or learning disability, the judge said. He called the crash a crime and the reckless taking of human life.
Reading Tomci's arrest report, the judge noted that, according to a display on one of the victim's phones, Tomci was driving more than 100 mph before the fatal crash. That recklessness, the judge said, "was part of the entertainment."
"It's stupid," the judge said about Tomci's impairment and his speed, which authorities estimated at more than 150 mph.
Tomci was sentenced to 20.2 years in prison, with an eight-year minimum mandatory. He has two days of credit for time already spent at the jail. He must serve one year of probation, as well.
The judge ordered Tomci's driver's license permanently revoked, and also ordered him to pay fines and court costs. Tomic, who was out of jail on bond, was handcuffed after sentencing.
The 22-year-old Ocala man pleaded guilty with no negotiated sentence. That meant the judge would announce a ruling after hearing from all parties. Tomci faced a maximum of 30 years behind bars.
About the crash
According to official accounts, on June 18, 2021, Tomci was behind the wheel of a 2019 Chevy Camaro speeding along Southeast Maricamp Road when he lost control of the vehicle. The car veered off the road at Southeast 110th Avenue and struck a curb.
The car traveled through a wooded area and hit a tree. Bouncing from the tree, the car hit another tree, overturned multiple times, destroyed three mailboxes, then stopped not far from a vacant building.
Two passengers were in the car: 16-year-old Rachel Michelle Buttermore and her friend 21-year-old Hailee Nichole Minckler. The teen was ejected and thrown against the abandoned building. Medical officials said the older girl had severe, extensive injuries. Both died at the scene.
Florida Highway Patrol troopers calculated the speed at 157 mph five seconds before the horrific wreck. The speed limit on the road is 50 mph. Tomci's blood alcohol content was 0.108. The state's legal limit is 0.08.
Tomci was charged with two counts of DUI manslaughter and one count of DUI with property damage. Two counts of vehicular homicide were dropped by prosecutors. He was 19 at the time of the crash.
The defense
Dr. Jeffrey Danzinger, forensic psychologist, testified for the defense on Tuesday.
He said he met with Tomci a little more than two months ago and recommended treatment for him due to his mental conditions.
Danzinger said Tomci has shown remorse, is distressed, and is distraught about the fatal crash. The doctor classified the crash as unsophisticated and isolated.
During cross-examination from prosecutor Kidney, Danzinger testified that Tomci was a heavy drinker. She noted that Tomci could receive treatment in prison.
Tomci's father, Gregory, offered his apology to the families of the victims and told the court that his son is a good child. He said his son has given up, doesn't open up to him, and aside from going to work, stays in his room. He said his son has isolated himself from his friends and had asked family members to stay away from the hearing.
Tomci himself apologized to the families and told the court he's committed to making amends for what he did. He said drinking and driving was the worst decision of his life, and the families doesn't deserve the pain they're suffering. Tomci said he wished he could change places with the victims.
Ramputi said Tomci doesn't have a criminal record and hopes Tomci's mistake can be a learning experience to everyone.
The victims' families
The families of the victims took turns addressing the court, with most of the speakers reading aloud from prepared statements.
Rachel's mother, Michelle Buttermore, said Tomci's action was reckless. She said her daughter was caring and she completed their family.
Rachel's father, Scott Buttermore, said his daughter was kind, caring, full of life and was always there for everyone.
He said she and her brother were close and did everything together.
Alcohol and speed: 157 mph in a 50 mph zone: Ocala driver charged in June crash that killed two young women
Kidney read aloud a prepared statement from Minckler's father, also named Scott. He said his daughter's death has shattered their sense of security. He said his daughter loved to laugh.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: DUI manslaughter that killed two women resolved in court. Here's what happened.
