The wrong-way driver in a crash that killed TikTok star Ali Spice and two other young people knew he faced a maximum sentence of life in prison and should not be allowed to withdraw his guilty plea , according to a motion filed by prosecutors.
Thomas Petry, 55, was sentenced to 37 years in prison Nov. 6. His defense attorney, Richard Zaleski, requested a sentence of seven years followed by probation.
Zaleski filed a motion to withdraw from the case Dec. 2, the same day he filed the motion for Petry to withdraw his plea.
“Based on irreconcilable differences and ethical obligations, defense counsel is unable to argue this motion on the defendant’s behalf … ” Zaleski wrote.
Petry , of Orange City, was driving a pickup truck westbound in the eastbound lanes on State Road 44 east of Interstate 4 on Dec. 11, 2022, when the truck collided head-on with an Infiniti Q50 .
Three passengers in the Infiniti were killed: Alexandra Dulin, 21, who was known as Ali Spice to almost a million TikTok followers; Kyle Jacob Moser, 25, of Daytona Beach; and Ava Fellerman, 20, of Treasure Island.