New trial sought for driver involved in TikTok influencer Ali Spice's death: Florida court records

Court documents show that a new trial is being sought for one of the drivers involved in TikTok influencer Ali Spice's death in Florida.

The documents report that defense attorneys are working to overturn the conviction of the man who was driving a car with 21-year-old Alexandra Dulin, also known as Spice, and two other friends — Kyle Moser, 25, and Ava Fellerman, 20 — who were killed when they were hit by a wrong-way driver in December 2022 in Volusia County.

Last fall, 24-year-old Devin Perkins, the man driving the car with the three friends, and the other driver, 55-year-old Thomas Petry, were separately tried and found guilty of vehicular homicide.

Alexandra Dulin, 21, was a popular influencer on social media known as "Ali Spice." She died in a hit-and-run, wrong-way crash in Florida on Dec. 11, 2022. [Credit: James Dulin]

Who was Alexandra Dulin, also known as "Ali Spice?"

The backstory:

At the time of her death, Dulin was a rising social media star with more than 919,000 TikTok followers.

James Dulin, Spice's father, told FOX 35 News that his daughter’s main focus was her social media accounts, and she worked at Hooters for fun. He said his daughter had started college majoring in fashion design when she was approached about modeling. Dulin's father said she dropped out of college when her modeling and social media took off. He joked he wished some of his daughter's clothing was a bit bigger, but added he was very proud of what she accomplished.  

Through the investigation, Perkins was identified by authorities as Dulin's boyfriend.

Following Dulin's death, countless fans took to social media to share their condolences with her family. 

What happened to "Ali Spice?"

What we know:

Records show the deadly crash involving Dulin took place just after 2 a.m. on Sunday, Dec. 11, 2022.

The Florida Highway Patrol said a driver going the wrong way on State Road 44, near Jesse Michael Drive, slammed into an Infiniti Q50 in which Dulin and her friends were riding.

Reports show Perkins was traveling at 100 mph — 35 mph over the speed limit — when he collided with the other car.

Dulin and the two other passengers died, while the driver, Perkins, suffered serious injuries, troopers stated. 

Investigators said after the crash, the driver of the Toyota Tacoma who caused the crash, Petry, ran from the scene and left a passenger behind in his car. 

Police arrested both Perkins and Petry in April 2023.

After a five-day trial in September 2024, records show a jury took just 20 minutes to return the guilty verdict to Perkins.

‘Cold and callous’

What they're saying:

During a recent hearing, the defense said there was a mistake made by the former attorney of Perkins during his trial that could have impacted the outcome.

Perkins' new attorneys stated that a former lawyer’s questioning of an EMT about the smell of marijuana from Perkins "opened the door" to previously inadmissible evidence regarding his marijuana use.

However, records show the state said their focus was not on marijuana but on Perkins driving at speeds exceeding 100 mph at the time of the crash.

In a letter written by Dulin's family, obtained by the FOX 35 News team through court documents, they said the conviction of Perkins on Sept. 30, 2024, felt like "losing a child all over again."

"We weren't just shocked by the outcome; we were heartbroken by how quickly the jury came to a decision about Devin Perkins' life," the letter reads. "There was no way they took the time to truly consider his life, his pain and the circumstances of that night. It felt cold and callous, much like the indifference we encountered on Dec. 11, 2022, from Tom Petry, Joanna Dillon and even the 911 operators who failed to act."

"The man truly responsible for this tragedy, Tom Petry, who pled guilty to all charges, is still walking free until his sentencing," the letter continues. "Meanwhile, Devin — the young man who loved our daughter, the young man who would have never willingly caused harm — is the one being taken away. We have never blamed Devin for Alexandra's death or for the deaths of Kyle and Ava. Yes, he was speeding, but he was in his lane, following the road, when Petry, drunk and driving on the wrong side of the highway for over 9 miles, slammed into him head-on."

Alexandra Dulin, 21, was a popular influencer across social media known as "Ali Spice." She died in a hit-and-run, wrong-way crash in Florida on Dec. 11, 2022. [Credit: Jimmy Dulin]

What's next:

Records show Perkins currently is awaiting sentencing, and he faces up to 30 years in prison. However, officials said that could change if the judge determines Perkins' previous attorney was deficient and orders a new trial.

During the recent hearing, the judge residing over the case said she would take arguments from the defense and prosecution under consideration, and she would make her ruling at a later date.

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The Source: This story was written based on information gathered from Volusia County court documents. 

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