TAMPA, Fla. (WFLA) — In a response filed this week, the State says they do not support an appeal for a lesser sentence for the Bayshore street racing suspect, despite comments from then State Attorney Andrew Warren.
“Mr. Warren’s personal opinions concerning Defendant’s sentence, as relayed in Defendant’s Motion, are not the position of the State of Florida,” the State said in the motion.
According to court documents, the State went on to say the appeal should be denied and there should not be a hearing, “Instead of allowing Defendant to relitigate these issues and further victimize Jessica and Lillia’s family, this Court should again decline to deviate downward and uphold Defendant’s sentence,” according to documents filed by the State.
Herrin was accused of driving more than 100 mph down Bayshore Boulevard when he hit Reisinger-Raubenolt and her daughter, Lillia in May 2018.
Herrin is now 22 years old and serving a 24-year sentence.
After an appeal was filed to reduce the sentence it was revealed what former Hillsborough State Attorney Andrew Warren thought about the sentence for Herrin.
A voicemail from Warren, in 2021, the day after the sentence was handed down, reveals Warren thought the sentence was too harsh.
“I’ll tell you, I was surprised and even disappointed by the sentence,” Warren said in part of the voicemail. “I thought it was excessively harsh,” Warren said.
Herrin’s lawyer, John Fitzgibbons, shared the voicemail from the then state attorney, which was left last April, after filing a motion to have the judge reduce his sentence from 24 years to 10 years.
Court documents say Warren later told the attorney the sentence was “crazy,” and the 24-year prison term was “egregiously high”.
It goes on to say Warren thought a 10 to 12 year sentence would have been appropriate and specifically stated a 10-year sentence would be “ok”.
Fitzgibbons filed a response to the state this week pointing out that the state did not deny that Warren made the remarks, and he believes the voicemail from Warren, and his opinions on the sentence should be included and considered in the Judge’s decisions.
The judge has yet to rule on the appeal.
John Reisinger is Jessica Reisinger-Raubenolt’s uncle. He says the family has read through all of the recent motions and they are confident in the justice system and whatever the judge decides.