PINELLAS COUNTY, Fla. — Shelly Page, Mark Herring, and Stephen Page's 16-year-old daughter died in a boat crash, but the justice system hasn't brought the local family peace.
They've had to return to court multiple times over the last four years as the person responsible for killing their daughter tried to change the terms of his probation.
In November of 2020, the unthinkable happened to one Pinellas County family.
"She should have been on a high school sports team, and she didn’t get that opportunity," said Shelly Page, Rachel Herring's mother.
16-year-old Rachel Herring and six other teens were riding home on a boat after going to a Halloween party. At the wheel was then 16-year-old Gavin Johnston.
Investigators said Johnston sped through a no-wake zone and crashed, sending all the teens flying into the water. Herring did not survive.
"You can’t function, you can’t take care of other things, you can’t take care of your spouse or your friends and family because you’re not capable," said Page.
Johnston faced nine years in prison, but Rachel’s family opted for five years' probation, but it hasn't brought them peace.
"We can’t even sleep at night it’s so disturbing," said Page.
On Monday, Johnston returned to the courthouse for a second attempt to terminate his probation early.
Kevin Hayslett is Johnston’s attorney and said the request to end the probation was recommended.
"There’s limited resources, they’ve got so many people they can supervise…he’s done 75% and done a perfect job, and been a model probationer…and they’ve got folks that have jobs that they’ve gotta do, and they want to focus on folks who need their attention," said Hayslett.
The judge denied the early termination.
"I think it backfired on them trying to get out of what was a gift to them…it’s honestly disgusting to drag a grieving father and mother back to this court again," said Stephen Page, Rachel's stepfather.
While at the courthouse, the state stated that it had submitted evidence indicating Johnston had violated his probation by operating a boat on several occasions.
"Fortunately, we have a system where we are going to get to the truth. Gavin wasn’t operating a vessel, and we know that, but that’s ok. The process is going to work.
Johnston and Rachel’s family will have to return on May 30 after the submitted evidence is reviewed.
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