The trial for a man involved in a deadly wrong-way crash on state Road 44 is set to begin Tuesday in Volusia County. However, the defendant is not the individual accused of driving the wrong way.
WESH2's Tony Atkins spoke with the family of one of the victims, who believes the man on trial should not be charged at all.
Investigators say Devin Perkins was driving nearly 100 mph just seconds before colliding with another driver going the wrong way.
After turning down a plea deal, Perkins is going to trial. The Florida Highway Patrol states he was behind the wheel with three friends when they crashed into a wrong-way driver in 2022. All three passengers died, including his girlfriend, Alexandra Dulin, a popular TikTok star known as Ali Spice.
Jimmy Dulin, the victim's father, expressed concern: "We're going to be sitting in a courtroom where 101 photos are used to attempt to convict someone we don't believe deserves to be charged."
The Dulin family, who traveled from Indiana for the trial, disagrees with the decision to charge Perkins. Jimmy Dulin added, "They didn't hit someone. They were hit."
Prosecutors reported that Perkins had a blood alcohol level of 0.028 at the time of the crash, well below the legal limit of 0.08. However, they argue he was speeding, driving nearly 100 mph seconds before the collision.
"That was a choice that Devin made. He was speeding," Jimmy Dulin stated. "To then charge the same young man who would've been charged with reckless driving and add vehicular homicide -- that's hard to swallow."
Thomas Petry, the accused wrong-way driver, was charged and fled the scene immediately after the crash. He pleaded no contest to vehicular homicide and leaving the scene of a deadly crash and faces life in prison, though he is currently out on bond awaiting sentencing.
Tamara Dulin, the victim's mother, voiced her frustration: "He's going to be spending the holiday with his family intact. A third holiday. I mean, he's going to spend time in jail. Why isn't he in jail now?"
Perkins' trial is set to begin Tuesday at 8:30 a.m. If convicted, he faces life in prison.